The Drug Recognition Expert Officer: Signs Of Drug Impairment At Roadside

Similar documents
Strategies for Impaired Driving Enforcement. Detective John Cullen Jacksonville (Florida) Sheriff s Office

Observations of Drug Impaired Drivers. Winona County Deputy Chad Myers DRE/SFST Instructor Law Enforcement Phlebotomist Winona Co.

Drug and Alcohol Impairment. Alabama DRE / SFST Program

What is a DRE. Introduction to Drugged Driving

Introduction to the Drug Evaluation and Classification Program

SESSION XXIV DRUG COMBINATIONS

Overview of the Drug Evaluation and Classification Program April 28, 2015

DRUGGED DRIVING IN MINNESOTA

The Drug Evaluation and Classification Program

Learning Objectives (Cont.) Describe the observable signs usually associated with the drug categories

North Carolina Drug Evaluation & Classification (DEC) Program

Objectives. Recognizing Persons Under the Influence. People on Drugs

Identifying a Drugged Person

Standardized Field Sobriety Testing Refresher

Drug Impaired Driving Update. Chuck Hayes International Association of Chiefs of Police

IMPAIRED DRIVING ISSUES DAVID ANDRASCIK PA DUI ASSOCIATION DRUG EVALUATION AND CLASSIFICATION PROGRAM STATE COORDINATOR

Any substance that, when taken into the human body, can impair the ability of the person to operate a vehicle safely.

National Problem?? DRUG DEATHS 07/15/ th School Nurses Conference 2018 Identifying the Impaired Person Causes for Fatal Crashes

DRE, SFST & Oral Fluid Devices working together to keep our roads safe

DWAI DRUGS THE DRUG RECOGNITION EVALUATION. Joseph M. Gerstenzang, Esq. Gerstenzang, O Hern, Sills & Gerstenzang Albany, New York

Drug Recognition A Roadside Perspective. PC. Aaron Coulter Midland Police Service

International Association of Chiefs of Police

Drug-Impaired Driving Investigation

Minnesota Drugged Driving Summit. Shifting Gears to Address the Challenge

Drug Evaluation. and Classification in Nova Scotia AND THE IMPACT OF THE LEGALIZATION OF CANNABIS. Item No

You Don t Know Spit.but you will soon!

The Drug Recognition Expert and Impaired Driving Enforcement. by Sgt. Jamie Boothe

4/27/2016. About CCSA. Impaired Driving Research at CCSA. Background. Presentation Overview. Lessons Learned

Drugs in Society and in Vehicle Operation II-1

An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per se Limits for Cannabis

DWI Detection and Standardized Field Sobriety Testing March 2013 Edition Participant Guide

SAFETY SERVICES NOVA SCOTIA The Human Factor Evolving Health & Safety

Identifying the Drug Impaired Person Sgt. Jeff Chapman

Regional Prevention Partnership Training Series: Alcohol and Other Drug Use Prevention: Collaborative Strategies with Law Enforcement

Drug recognition expert evaluations made using limited data

Learning Objectives. Revised: Drug Recognition Expert Course Session Overview of Drug Recognition Expert Procedures Page 1 of 35

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P : : : : : : : : :

Participant Manual DRE 7-Day Session 4 Overview of Drug Recognition Expert Procedures

Update on Marijuana Research. Source:

A. Definition and Categories of Drugs Instructor Led Presentations B. Incidence and Characteristics of Reading Assignments

Cincinnati Christian University Drug and Alcohol Prevention Program

Federal Trafficking Penalties (As of January 1, 1996)

Welcome to: DRUG IMPAIRMENT TRAINING for EDUCATIONAL PROFESSIONALS (DITEP) Day One

Oregon DRE Program. Sergeant Evan Sether Oregon State Police

A Colorado Validation Study. of the. Standardized Field Sobriety Test (SFST) Battery

Participant Manual DRE 7-Day Session 28 Case Preparation and Testimony

Information on Specific Drugs of Abuse

THE OPIATE EPIDEMIC AND LIBRARIES. Presented by Dr. Steve Albrecht, PHR, CPP, BCC, CTM

Current Drug Trends Among Youth. Investigator J.J. Pedersen Nebraska State Patrol

Participant Manual DRE 7-Day Session 21 Cannabis

The methodological quality of three foundational law enforcement drug influence evaluation validation studies

Safeguarding Our High ways Combating Drugged Driving

International Association of Chiefs of Police

DRIVING UNDER THE INFLUENCE

Specific Drugs of Abuse

2019 CO 9. No. 16SC158, People v. Kubuugu Witness Qualification Expert Testimony Harmless Error.

ANNUAL REPORT. of the IACP DRUG EVALUATION & CLASSIFICATION PROGRAM

DOCUMENTATION OF REASONABLE SUSPICION OF DRUG AND/OR ALCOHOL USE (For use under Federal Department of Transportation regulations only)

HIGHway to Hell: The Science Behind Drugged Driving

Non-prescription Drugs. Wasted Youth

Case Planning and Intervening for Permanence: Substance Abuse. Monday, January 12, Slide 1 - Welcome

BDJ TRUCKING CO INC. Drug and Alcohol policy & Information

S16G1751. SPENCER v. THE STATE. After a jury trial, appellant Mellecia Spencer was convicted of one count

Chapter 7 Guided Notes. Alcohol, Other Drugs and Driving. It is categorized as a because of the effects it has on the.

Review of Drug Impaired Driving Legislation (Victoria Dec 2000) and New Random Drug Driving Legislation Based on Oral Fluid Testing

Phencyclidine Blood Concentrations in DRE Cases*

INSTRUCTION NO. which renders him/her incapable of safely operating a motor vehicle. Under the law, a person

Jim Hedlund Highway Safety North. GHSA Webinar May 3, :00 3:00 pm EDT

Advanced Roadside Impaired. Driving. Enforcement A.R.I.D.E.

Study of a Drug Recognition Expert (DRE) Program

Drug and Alcohol Abuse Prevention Information

I. Introduction. Chapter 8 Driving Under the Influence of Drugs. Table of Contents

Chapter Two: Student Conduct

SACI ALCOHOL AND DRUG ABUSE POLICY

Jack Reed, MA Statistical Analyst, Office of Research and Statistics, Colorado Division of Criminal Justice, Department of Public Safety

PRELIMINARY TRAINING FOR DRUG EVALUATION AND CLASSIFICATION ADMINISTRATOR'S GUIDE

Advancing Drugged Driving Data at the State Level: State-by-State Assessment

NOT DESIGNATED FOR PUBLICATION. No. 113,587 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. RODOLFO C. PEREZ, JR., Appellant,

ARKANSAS SCHOOL FOR THE BLIND ARKANSAS SCHOOL FOR THE BLIND EMPLOYEE DRUG AND ALCOHOL PREVENTION POLICY

Alcohol Addiction. Peer Pressure. Handling Social Pressures. Peer Pressure 2/15/2012. Alcohol's Effect on One s Health and Future.

ADDRESSING THE PROBLEM OF MARIJUANA- IMPAIRED DRIVING By Teri Moore May 2018

Driving Under the Influence Information:

SESSION XVII NARCOTIC ANALGESICS

Drug Evaluation and Classification Program

The Two General Types of OWI of OWI - Drugs. - Drugs.

BRAZOSPORT COLLEGE. Course Syllabus For CJLE 1524 Basic Peace Officer IV Fall 2010

Participant Manual DRE 7-Day Session 16 Dissociative Anesthetics

Responsible Substance Use and Harm Reduction

Greenbriar Treatment Center

Oral Fluid Drug Screening

NOT DESIGNATED FOR PUBLICATION. No. 118,474 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. KENNETH MANLEY, Appellant,

Decriminalization of Marijuana and Potential Impact on CMV Drivers

Impaired driving enforcement practices among state and local law enforcement agencies

Drug Free Schools and Community Act

Nhtsa Field Sobriety Manual 2016

Peripheral Nervous System

Goals & Objectives. Goal: Understanding FACTS and IMPACT of today s marijuana on youth and ensure a healthy and safe environment for our youth.

Report on Drugged Driving in Louisiana. Quantification of its Impact on Public Health and Implications for Legislation, Enforcement and Prosecution

Recreational Pharmaceuticals

Impact of Substance Use on Workplace Safety & Business

Transcription:

The Drug Recognition Expert Officer: Signs Of Drug Impairment At Roadside T. E. Page P.O. Box 50332 Pasadena, California 91115-0332 USA Los Angeles Police Department, retired Keywords Drugs, DRE, Drug Recognition Expert, DUI, SFST, LAPD Abstract Approximately 5,000 Drug Recognition Expert (DRE) officers serve in the United States and British Columbia, Canada. Law enforcement agencies in Australia, England and Germany have also adopted variations of DRE procedures. The primary function of a DRE is to evaluate drivers for impairment due to drugs other than alcohol. If the DRE evaluation is positive for drugs, the DRE will identify the category (s) of drug (s), based on shared patterns of effects, causing the impairment. The DRE evaluation typically occurs following an impaired driving arrest by a non-dre officer who suspects drug impairment. Drug impairment is typically suspected when the impairment is not consistent with the driver s alcohol level as determined by a chemical test. The involvement of a DRE officer depends upon the ability of an arresting officer to quickly identify cues that suggest drug impairment. Generally, the driving under the influence investigation involves three phases: (1) Illegal or erratic driving actions that alert the officer to the possibility of alcohol and/or drug impairment; (2) Face to face encounter with the driver during which the officer may discover indicia, including physiological signs, of drug impairment; and (3) Administration of the Standardized Field Sobriety Test (SFST) battery, concluding with the decision to arrest or release the driver. The decision to administer the SFST battery is largely based upon evidence of impairment recognized during the phase two encounter. This paper summarizes Phase 2 cues that are taught in SFST and DRE courses, and compares these cues with those documented in a sample of actual DUI-DRE investigations. It will discuss the results and implications of this comparison for the DRE curricula, as well as for the training of the non-dre traffic enforcement officer.

In addition, this paper will provide an overview and update of the DRE program, procedures, training, and court decisions. Introduction The Role of the DRE Law Enforcement agencies in thirty-five United States and British Columbia, Canada, rely on Drug Recognition Expert (DRE) officers to apprehend the drug-impaired driver. DREs utilize a twelve-step procedure to reach three determinations: (1) that the driver is impaired; (2) that the impairment is due to drugs, rather than from a medical condition requiring intervention; and (3) the category of drug (s) that is causing the impairment. The administration of the twelve-step procedure and resultant opinion are documented on a standardized Drug Influence Evaluation (DIE) form. The DRE Program is formally titled The Drug Evaluation and Classification Program (DECP). The International Association of Chiefs of Police (IACP) is the DECP s regulating authority. The Twelve DRE Steps Briefly, the twelve DRE steps are: Step One: The Blood (or Breath) Alcohol Concentration Step Two: Interview of the Arresting Officer Step Three: Preliminary Examination (includes the first of three pulses) Step Four: Eye Examinations (horizontal and vertical nystagmus, lack of convergence) Step Five: Divided Attention Tests (modified Romberg, walk and turn, one-leg stand, finger to nose) Step Six: Vital Signs Examinations (includes the second of three pulses, blood pressure, temperature) Step Seven: Darkroom examinations of pupil size (includes an examination of the nasal and oral cavities) Step Eight: Muscle Tone Step Nine: Examination of Injection Sites (includes the third pulse) Step Ten: Statements, Interrogation Step Eleven: Opinion of the DRE Step Twelve: Toxicology: Obtaining a specimen and subsequent analysis The Seven Drug Categories The seven DRE drug categories are based on shared patterns of effects, rather than shared chemical structure. These categories include legal, prescription, as well as illicit substances. The drug categories are: Central Nervous System (CNS) Depressants, Inhalants, Phencyclidine, Cannabis, CNS Stimulants, Hallucinogens, and Narcotic Analgesics. The prevalence of polydrug use complicates the DRE determinations. The Three Legged Stool of Drugged Driver Prosecution The three-legs of the so-called three-legged stool of drugged driver prosecution are: (1) DRE evidence and testimony; (2) Testimony by the Arresting Officer; and (3) Toxicological evidence through urinalysis or blood analysis (12 th DRE step). Typically, evidence from all three of these components is required for successful prosecution.

Court Acceptance The DRE procedures have been subject to numerous defense challenges to the admissibility of DRE testimony. Thus far, courts in California, Arizona, New York, Minnesota, Colorado, Arkansas, Hawaii, Iowa, Oregon, Washington, Nebraska, and Florida have upheld the admissibility of DRE evidence. Generally, courts have ruled that the DRE officer has expert qualifications, and can therefore state an opinion as to drug influence. It is up to the trier of fact (judge or jury) to determine the weight that is to be given the DRE opinion. In 2001, the IACP instituted changes to the DRE twelve-step procedure (elimination of the indirect light portion of the procedure). This change and others may subject the program to vigorous defense challenges. Standardized Field Sobriety Testing Training Prior to being accepted into Drug Recognition Expert training, the candidate officer must successfully complete the DWI/Standardized Field Sobriety Testing (SFST) course. In addition, the candidate must demonstrate proficiency in administering and interpreting the SFSTs. The great majority of law enforcement officers never attend DRE training. In fact, only approximately 5,000 officers in the U.S. and Canada are recognized as Drug Recognition Experts. Therefore, the primary training in DWI/DUI detection for officers is the DWI/SFST course. This course teaches three phases of DWI detection: (1) vehicle in motion; (2) personal contact; and (3) SFSTs. The Phase 2 encounter between the officer and driver is usually the first opportunity for the officer to recognize indicia of alcohol and/or drug influence. The curriculum teaches the officer to utilize the senses of sight, smell, and hearing to identify the clues of substance-induced (as opposed to medically-based) impairment. These clues of impairment must be documented on an arrest report. The training includes instructor-led exercises during which the students are asked: What do you see? What do you hear? What do you smell? If the officer suspects impairment, the driver is directed to step out (exit) of the vehicle. The curriculum includes instruction as to clues of impairment that may be identified during the process of exiting the vehicle. Personal Contact Phase Clues: From DWI/SFST course Personal Contact Phase Clues: Sight bloodshot eyes soiled clothing fumbling fingers alcohol containers unusual actions bruises, bumps, scratches Personal Contact Phase Clues: Hearing slurred speech admission of drinking inconsistent responses unusual statements abusive language Personal Contact Phase Clues: Smell alcoholic beverage

cover-up odors other unusual odors The curriculum emphasizes that these are not the only clues that may be identified. For each of the senses, anything else is included as an additional clue.. Personal Contact Phase Clues: Vehicle Exit angry, unusual reaction can t follow directions can t open door leaves car in gear climbs out of car leans against car keeps hand on car As is the case with the pre-exit clues, anything else is also included. The DRE curriculum builds upon the knowledge and skills mastered during the DWI/SFST course. It includes specific information on the signs and symptoms of each of the seven DRE categories. Similar to the clues of sight, smell, and hearing that are taught in the DWI/SFST course, the DRE training includes general indicators for each of the drug categories. These indicators may be seen (independent of the DRE evaluation) during the Phase 2 personal contact phase. CNS Depressants General Indicators: drowsiness droopy eyes (ptosis) thick, slurred speech uncoordinated fumbling slow reactions, sluggish muscle tone flaccid Inhalants General Indicators odor of the inhaled substance possible traces of the substance around the race and nose and on the hand or clothing bloodshot, watery eyes confused, disoriented appearance muscle tone varies flushed face, possibly sweating slow, thick, slurred speech non-communicative pupils normal or dilated (from eye examination) Phencyclidine General Indicators:

blank stare warm to the touch perspiring muscle tone rigid speech slurred and slow repetitive speech non-response, slow responses confused agitated may become suddenly violent chemical odor (or Ether, used in preparation of PCP) self-reported hallucinations cyclic behavior Cannabis odor of burnt Marijuana on suspect s breath, clothing, etc. marked reddening of the Conjunctiva marijuana debris (leaves, seeds, etc.) in mouth or on clothing body tremors disorientation relaxed inhibitions muscle tone is normal pupils dilated or normal (from eye examination) CNS Stimulants General Indicators: restlessness anxiety euphoria talkativeness irritability runny nose redness to nasal area grinding teeth (bruxism) leg tremors eyelid tremors dilated pupils (from eye examination) Hallucinogens General Indicators: dazed appearance body tremors perspiring uncoordinated movements muscle tone normal/rigid difficulty with speech statements/utterances suggesting hallucinations or distorted sensory perceptions

dilated pupils (from eye examination) Narcotic Analgesics General Indicators track marks on the nod droopy eyelids slowed reflexes slow, low, raspy speech facial itching dry mouth euphoria pupils visibly and obviously constricted Methods Eighteen cases were included in this analysis. In all the cases a full DRE evaluation was conducted subsequent to arrest. The written observations of arresting officers and DRE officers were culled from these arrest and DRE reports. All arrests were made during February of 2002. Reports of these arrests were submitted to the Los Angeles Police Department s Drug Recognition Expert Unit. Of these eighteen, only four involved driving on the subject s part. The remainder of the cases involved arrests for non-driving offenses, including battery, drug possession, and use of controlled substances. In nine of the cases (one of the four driving cases), the Drug Recognition Expert officer was the arresting officer. Results Perhaps not surprisingly, the observations of the arresting officer and the DRE officer are for the most part identical. This is the case even though time has elapsed from the time of the arresting officers observations during initial contact until the DRE first observes the subject. Certainly, the duration of effects of the drugs in question are relevant. Both sets of observations are consistent with the eventual DRE opinion as to drug category. Toxicological results were not available at the time of this report. Discussion The initial observations of arresting officers and those of DRE officers are virtually identical. Independently, the observations strongly suggest the drug types responsible for the impairment. The value of a full DRE evaluation may lie less in determining the drug category, than in ruling out other causes of impairment, such as medical conditions. In addition, full DRE evaluations may be necessary in some jurisdictions to obtain impaired driving convictions. References DWI Detection and Standardized Field Sobriety Testing: Instructor Manual U.S. Department of Transportation, National Highway Traffic Safety Administration HS 178 R10/95 Drug Evaluation and Classification Training Instructor Manual: The Drug Recognition Expert School HS 172 R8/99. U.S. Department of Transportation, National Highway Traffic Safety Administration