DUI Essentials: Drug Recognition Experts and Evaluation
What is a Drug Recognition Expert (DRE)?
The Drug Recognition Expert program and procedures were initially developed in the1970's by the Los Angeles Police Department. This procedure trains officers to use a standardized twelve-step evaluation process (see below) that allows the officer to determine whether the suspect is under the influence of alcohol or drugs, and to determine the category of drug that is causing the observable impairment. The twelve-step procedure also allows the officer to rule in or out many medical conditions, such as illness or injury, which may be contributing to the subject's impairment.
Does Being Evaluated by a DRE affect the Strength of My Case?
Even though the DRE certification classes are considered to be less-than comprehensive by most DUI attorneys, the fact that the officer can testify under oath as an “Expert” witness could serve to strengthen a prosecutor’s case against someone charged with a Driving Under the Influence of Drugs (DUID).If you have been charged with a DUID and you submitted to any kinds of tests, It is in your interest to hire an attorney who has experience defending clients charged with DUID. An experienced attorney will bring to light any failure on the part of the DRE to properly evaluate you, such as failing to follow procedure correctly, which could lead to a more favorable outcome for your case, or to it being dismissed entirely.
What States use Drug Recognition Experts?
There are around 6,000 DREs across all 50 states. Many police departments are investing in certifying their officers as DUIDs as opposed to standard DUIs are becoming increasingly common, and it has been predicted by the National Highway and Traffic Safety Association (NHTSA) that the number of DUIDs will actually surpass alcohol-related DUIs by the end of the decade. It should be noted that all field officers will have training on administering field sobriety tests, but not all will be DRE certified. If the arresting officer was not certified as a DRE, but suspect the arrested party is under the influence of another substance, they may bring a DRE in to evaluate the suspect in the hope of building a stronger case.
What Training Does a Drug Recognition Expert Get?
DRE training involves a seven day course that officers working in the field attend. During that period, not all the training is dedicated to the drug recognition evaluation. In fact a lot of the time is spent revising the previous information and training that the officers received concerning field sobriety testing. When they actually get to the training for the drug recognition evaluation, they are not getting the formal medical procedures one would expect them to have in order to conduct medical procedures. These procedures include testing the arrested driver’s:
- Blood pressure
- Pulse
- Body temperature
- Pupil size and how they react to light
- Muscle tone – whether it is normal, rigid, or flaccid
Once officers have completed the initial training, they are then given a number arrested subjects known to have consumed a particular substanceto evaluate – but oftentimes the officers already know or have been told what type of drug the person is already on. So the training evaluation that the officer’s conduct is effectively redundant in that the officers already know the answer before they reach a conclusion.
If your attorney can discredit or at least raise doubt in court about the DRE training received by the officer, this could lead a favorable outcome for your case, especially if there is not supporting evidence in the form of chemical test results.
What are the 12 Steps of the Drug Evaluation Process?
The Drug Evaluation process contains 12 separate steps listed below:
1. Portable Breath Test
A driver will be asked to blow into a breath testing device which will determine the level of alcohol in their breath
2. Interview of Arresting Officer
The DRE consults with the arresting officer to understand the circumstances leading up to the apprehension of the driver
3. Preliminary Examination
The arrested driver is asked questions about any physical or medical conditions that could lead have impaired their driving ability, or involve symptoms that are similar to the effects of certain drugs
4. Eye Examination
Eyes are examined for pupils being equal, the ability of the eyes to track a stimulus equally, to monitor the smoothness of that tracking, to look for Horizontal Gaze Nystagmus, as well as Vertical Gaze Nystagmus, which is an involuntary flickering of the pupil when it is strained to the left or right of the eye
5. Divided Attention Tests
The officer will ask the driver to perform a variety of tests to ascertain if he or she is intoxicated, either by alcohol or drugs. Standardized tests are the One-Legged-Stand, Walk-and-Turn, Modified Romberg Balance test, and Finger-to-Nose.
6. Examination of Vital Signs
Blood pressure, pulse and body temperature is taken
7. Dark Room Examinations
Examinations of the pupil sizes in near total darkness, under direct light, and in normal room light are conducted
8. Examination of Muscle Tone
Flexion and Extension of the muscles are tested, to see if there is flaccidity, or rigidity of the muscles
9. Examination of Injection Sites
DRE will look at common injection sites on the body to determine if the subject is using injected substances
10. Suspects Statements / Other Observations
The DRE will try to extract information from the test subject which will corroborate signs and symptoms that he or she has observed
11. Opinion of the Evaluator
The DRE makes a determination of the class or classes of drugs that a subject is under the influence based on a matrix of symptomology that has been developed during studies of subjects under the influence of known classes of drugs.
12. Toxicological Examination
The DRE will ask the subject to provide a blood, saliva or urine specimen, which is then sent to the police lab for analysis to determine what class of substances are present, and if the resultscorroborate the DRE's conclusion about what the subject consumed prior to driving
Am I Required to Take the DRE Tests Before or After Being Arrested?
As with field sobriety tests, DRE tests are voluntary and so you do not need to submit to these tests prior to after being arrested on suspicion of DUI. Most DUI attorneys will advise you to not submit to these tests, as you will simply be providing more information to law enforcement to build a case against you. If you do not submit to the tests, you cannot be penalized for declining.
How Can an Attorney Help Me Weaken the Testimony of a DRE?
Many DUI attorneys take classes in field sobriety testing and DRE in order to expose a police officer who has not followed proper procedure or has taken short-cuts that could have led to an inaccurate assessment of the arrested driver.
It is definitely worth asking an attorney you intend to hire if they have gone to any field sobriety or DRE classes before retaining their services, especially if you plan to fight your case with a trial by jury.
Can I be Arrested for DUI for taking Prescription Medication as Directed by a Physician?
It depends. If you have taken a controlled substance such that affects the central nervous system, such as Xanax or Vicodin, usually the amount of time you have been taking the medication determines how great an effect on your central nervous system the drug has. The longer you have been taking the drug, the less effect it will have. However, in most states, you can still be prosecuted for a DUID if you were driving under the influence of a controlled substance to the extent that your faculties were impaired and the substance appeared in any chemical tests you submitted to.
Is There Anything I Can Do to Fight a DUID Charge?
Yes, and you should consult with an experienced DUI attorney as soon as possible after your arrest so he or she can have plenty of time to assess the strengths and weaknesses of your case before you set foot in court.
Additionally, if you have been taking prescription medication for a long time, you should consult with your doctor and get the information to your attorney as soon as possible. Your attorney may be able toshow that due to the length of time you were taking the medication you were somewhat immune to its effects on your faculties, including your ability to drive. This evidence could be key in allowing yourattorney to build a strong line of defense for your DUID case.
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