The Science & Admissibility The Science & Admissibility of Drug Evaluation and of Drug Evaluation and Classification EvidenceClassification Evidence

Drug Recognition Expert

TopicsTopics What is a DRE?What is a DRE? Pre-requisite to becoming a DREPre-requisite to becoming a DRE DRE Training & Certification DRE Training & Certification

RequirementsRequirements Retraining / Recertification Retraining / Recertification

RequirementsRequirements What is involved in a DRE Evaluation?What is involved in a DRE Evaluation? DRE & The CourtsDRE & The Courts

What is a DRE?What is a DRE?

DRE – Drug Recognition Expert

A police officer trained to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol.

Drug Evaluation and Drug Evaluation and Classification ProgramClassification Program

(DECP)(DECP)

Drug Recognition Expert

Drug Recognition Drug Recognition Expert ProgramExpert Program

(DRE)(DRE)

=

Program OversightProgram Oversight

The International Association of Chiefs of Police (IACP) coordinates the International Drug Evaluation and Classification (DEC) Program with support from the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation.

State Governor’s Office of Highway Safety (GOHS) appoints State DRE Coordinator.

•Responsible for ensuring all requirement and standards of IACP met•Not required to be a sworn law enforcement officer

PrerequisitesPrerequisites• In order to be considered for certification as a DRE,

a person shall be in the employ and under the direct control of – (1) a public criminal justice agency involved in

the enforcement of criminal or traffic safety laws or

– (2) an institution involved in providing training services to officers of law enforcement agencies.

• Trained and proficient with SFSTs

DRE Recognition in MDDRE Recognition in MDMD Transportation Article 16-205.1(i)

(i) Restrictions upon drug or controlled dangerous substance testing. -- Notwithstanding any other provision of this section, a test for drug or controlled dangerous substance content under this section:

   (1) May not be requested as described under subsection (b) of this section, required as described under subsection (c) of this section, or directed as described under subsection (d) of this section, by a police officer unless the law enforcement agency of which the officer is a member has the capacity to have such tests conducted;

DRE Recognition in MDDRE Recognition in MDMD Transportation Article 16-205.1(i)

 (2) May only be requested as described under subsection (b) of this section, required as described under subsection (c) of this section, or directed as described under subsection (d) of this section, by a police officer who is a trainee, has been trained, or is participating directly or indirectly in a program of training that is:

      (i) Designed to train and certify police officers as drug recognition experts; and

DRE Recognition in MDDRE Recognition in MDMD Transportation Article 16-205.1(i)

      (ii) Conducted by a law enforcement agency of the State, or any county, municipal, or other law enforcement agency in the State described in items (3)(i)1 through 12 of this subsection:

         1. In conjunction with the National Highway Traffic Safety Administration; or

         2. As a program of training of police officers as drug recognition experts that contains requirements for successful completion of the training program that are the substantial equivalent of the requirements of the Drug Recognition Training Program developed by the National Highway Traffic Safety Administration

DRE TrainingDRE Training

• DRE Pre-school – 16 Hours– 10 Sessions

• DRE School – 56 Hours– 30 Sessions

• 12 evaluations (minimum)• 9 toxicology samples collected• 7 positive (confirmed) toxicology samples from the lab• 6 of the 12 evaluations conducted - Student must be the

evaluator• 3 of the 7 drug categories must be encountered• Evaluations must be witnessed and supervised by a DRE

Instructor

Field Evaluations Field Evaluations RequirementsRequirements

Final Certification Final Certification Knowledge ExaminationKnowledge Examination

A multi-part, comprehensive A multi-part, comprehensive examination examination

No significant errors or omissions No significant errors or omissions allowedallowed

Examines candidate’s overall Examines candidate’s overall knowledgeknowledge

CertificationCertification

Successfully complete all phases of Successfully complete all phases of trainingtraining

Receive recommendation of 2 DRE Receive recommendation of 2 DRE InstructorsInstructors

Submit a satisfactory Curriculum Submit a satisfactory Curriculum Vitae & Rolling LogVitae & Rolling Log

Certified by State CoordinatorCertified by State Coordinator Credentialed by IACPCredentialed by IACP

Re-CertificationRe-Certification• DRE Certification is good for two yearsDRE Certification is good for two years

• DRE’s shall be required to renew their certificate DRE’s shall be required to renew their certificate of continuing proficiency every two yearsof continuing proficiency every two years• Perform a minimum of four (4) acceptable Perform a minimum of four (4) acceptable

evaluations since the date of last certification, one evaluations since the date of last certification, one observed by a DRE Instructorobserved by a DRE Instructor

• Complete a minimum of eight (8) hours of Complete a minimum of eight (8) hours of recertification trainingrecertification training

• Present an updated Curriculum Vitae and Rolling Present an updated Curriculum Vitae and Rolling Log to the appropriate coordinator for review and Log to the appropriate coordinator for review and approvalapproval

TheThe Drug Evaluation Process Drug Evaluation Process

112233

Step One Establish that the subject is impaired

Step Two Rule out medical impairment

Step Three Determine the category of drugs

involved

3 Step Process3 Step Process Looking for 3 ThingsLooking for 3 Things

Establish ImpairmentEstablish Impairment MD 13.5% - National 6.2% are unimpairedMD 13.5% - National 6.2% are unimpaired

Impairment result of Medical Impairment result of Medical Condition?Condition?

MD 2.5% - National 1.6%MD 2.5% - National 1.6% Determine Category(ies) of drugsDetermine Category(ies) of drugs

CNS Depressant – 52.3%CNS Depressant – 52.3% Narcotic Analgesic – 41.7%Narcotic Analgesic – 41.7% Cannabis – 25.9%Cannabis – 25.9%

DRE and the CourtsDRE and the Courts

ChallengesChallenges Untrained Medical Diagnosis – practicing Untrained Medical Diagnosis – practicing

medicine without a licensemedicine without a license Not accurate – Incorrect CategoriesNot accurate – Incorrect Categories DREs can’t identify drug usedDREs can’t identify drug used Missing or inconsistent indicatorsMissing or inconsistent indicators

Frye-ReedFrye-Reed State v. Brightful, et al.State v. Brightful, et al.

Carroll County Circuit CourtCarroll County Circuit Court Opinion filed March 5, 2012Opinion filed March 5, 2012

State v. CramptonState v. Crampton Montgomery County Circuit CourtMontgomery County Circuit Court Opinion filed March 19, 2013Opinion filed March 19, 2013

State v. Wood, et al.State v. Wood, et al. Calvert County District CourtCalvert County District Court Written opinion on May 21, 2013Written opinion on May 21, 2013

Drug Influence Evaluation StepsDrug Influence Evaluation Steps

1. Breath Alcohol Test

2. Interview of the Arresting Officer

3. Preliminary Examination

3. Preliminary Examination & 1st Pulse

4. Examination of the Eyes HGN Right Eye Left Eye Vertical Gaze Nystagmus?

Lack of Smooth PursuitYes No

Max. Deviation Convergence Right Eye Left Eye

Angle of Onset

5. Divided Attention Tests

Balance Eyes Closed

Internal Clock:____Estimated as 30 sec.

One Leg Stand:

Sways while balancing.Uses arms to balance.Hopping.Puts foot down.

L R

Type of Footwear

Right LeftDraw lines to spots touched

2

4

5

1

3

6

6. Examination of Vital Signs6. Examination of Vital Signs Pulse & Time

1. ________bpm / __________

2. ________bpm / __________

3. ________bpm / __________

Blood Pressure Temp

_____ /_____mmHg ________

7. Dark Room Examinations7. Dark Room Examinations

PUPIL SIZE Room Light Darkness Direct NASAL AREALeft EyeRight Eye ORAL CAVITYREBOUND DILATION Reaction to Light

Yes No

8. Examination of Muscle Tone

MUSCLE TONE:Near Normal Flaccid Rigid

Comments:

9. Examination for Injection Sites

RIGHT ARM LEFT ARM

ATTACH PHOTOS OF FRESH PUNCTURE MARKS

10. Suspect's Statements and 10. Suspect's Statements and other Observationsother Observations

What medicine or drug have you been using? How much? Time of use? Where were the drugs used? (Location)

Date/Time of Arrest Time DRE Notified Eval. Start Time Time Completed

Member Signature (Include Rank) ID No. Reviewed By

Opinion of Evaluator: Rule Out Alcohol Stimulant Dissociative Anesthetic InhalantMedical Depressant Hallucinogen Narcotic Analgesic Cannabis

11. Opinion of the Evaluator

12. Toxicological Examination12. Toxicological Examination

Drugs That Impair DrivingDrugs That Impair Driving

What is a “drug”?

Any substance which, when taken into the human body, can impair the ability

of the person to operate a vehicle safely.

Drug CategoriesDrug Categories

• CNS Depressants• CNS Stimulants• Hallucinogens• Dissociative Anesthetics• Narcotic Analgesics• Inhalants• Cannabis

Indicators of Cannabis Indicators of Cannabis ImpairmentImpairment

Body tremors Body tremors Disoriented Disoriented Debris in mouth Debris in mouth

(possible)(possible) Eyelid tremorsEyelid tremors Impaired perception Impaired perception

of time and distanceof time and distance

• Increased appetite

• Marked reddening of conjunctiva

• Odor of marijuana

• Possible paranoia

• Relaxed inhibitions

General Indicators

Indicators of Cannabis Indicators of Cannabis ImpairmentImpairment

(6)(6) possibly normal possibly normal

HGN None

VGN None

Lack of Convergence Present

Pupil Size Dilated (6)

Reaction to Light Normal

Pulse Rate Up

Blood Pressure Up

Temperature Normal

Muscle Tone Normal

Contact InformationContact Information

Honorable Michelle Saunders

District Court of Maryland

200 Duke Street

Prince Frederick, MD 20678

443-550-6706

Tom WoodwardMaryland DRE

CoordinatorMaryland State Police

6852 4th StreetSykesville, MD 21784

301-988-6954