Transcript File - Maryland Highway Safety Judicial Conference

The Science & Admissibility
of Drug Evaluation and
Classification Evidence
Drug Recognition Expert
Topics
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What is a DRE?
Pre-requisite to becoming a DRE
DRE Training & Certification
Requirements
Retraining / Recertification Requirements
What is involved in a DRE Evaluation?
DRE & The Courts
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
Classification Program
(DECP)
=
Drug Recognition
Expert Program
(DRE)
Drug Recognition Expert
Program 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
Prerequisites
• 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 MD
MD 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 MD
MD 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 MD
MD 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 Training
• DRE Pre-school – 16 Hours
– 10 Sessions
• DRE School – 56 Hours
– 30 Sessions
Field Evaluations
Requirements
• 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
Final Certification
Knowledge Examination
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A multi-part, comprehensive examination
No significant errors or omissions allowed
Examines candidate’s overall knowledge
Certification
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Successfully complete all phases of
training
Receive recommendation of 2 DRE
Instructors
Submit a satisfactory Curriculum Vitae &
Rolling Log
Certified by State Coordinator
Credentialed by IACP
Re-Certification
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DRE Certification is good for two years
DRE’s shall be required to renew their certificate of
continuing proficiency every two years
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Perform a minimum of four (4) acceptable evaluations
since the date of last certification, one observed by a DRE
Instructor
Complete a minimum of eight (8) hours of recertification
training
Present an updated Curriculum Vitae and Rolling Log to
the appropriate coordinator for review and approval
The
Drug Evaluation Process
Step One
1
2
3
Establish that the subject is impaired
Step Two
Rule out medical impairment
Step Three
Determine the category of drugs
involved
3 Step Process
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Looking for 3 Things
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Establish Impairment
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Impairment result of Medical Condition?
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MD 13.5% - National 6.2% are unimpaired
MD 2.5% - National 1.6%
Determine Category(ies) of drugs
CNS Depressant – 52.3%
 Narcotic Analgesic – 41.7%
 Cannabis – 25.9%
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DRE and the Courts
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Challenges
Untrained Medical Diagnosis – practicing
medicine without a license
 Not accurate – Incorrect Categories
 DREs can’t identify drug used
 Missing or inconsistent indicators
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Frye-Reed
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State v. Brightful, et al.
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State v. Crampton
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Carroll County Circuit Court
Opinion filed March 5, 2012
Montgomery County Circuit Court
Opinion filed March 19, 2013
State v. Wood, et al.
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Calvert County District Court
Written opinion on May 21, 2013
Drug 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
Lack of Smooth Pursuit
Max. Deviation
Angle of Onset
Right Eye
Left Eye
Vertical Gaze Nystagmus?
Yes
No
Convergence
Right Eye
Left Eye
5. Divided Attention Tests
Balance Eyes Closed
Internal Clock:
____Estimated as 30 sec.
One Leg Stand:
L
R
Sways while balancing.
Uses arms to balance.
Hopping.
Puts foot down.
Type of Footwear
Right
Left
Draw lines to spots touched
2
1
4
3
5
6
6. Examination of Vital Signs
Pulse & Time
1. ________bpm / __________
2. ________bpm / __________
3. ________bpm / __________
Blood Pressure
Temp
_____ /_____mmHg
________
7. Dark Room Examinations
PUPIL SIZE
Room Light
Left Eye
Right Eye
REBOUND DILATION
Yes
Darkness
No
Direct
NASAL AREA
ORAL CAVITY
Reaction to Light
8. Examination of Muscle
Tone
MUSCLE TONE:
Near Normal
Comments:
Flaccid
Rigid
9. Examination for Injection
Sites
RIGHT ARM
LEFT ARM
ATTACH PHOTOS OF FRESH PUNCTURE MARKS
10. Suspect's Statements and
other Observations
What medicine or drug have you been using? How much?
Date/Time of Arrest
Member Signature (Include Rank)
Opinion of Evaluator: Rule Out
Medical
Time DRE Notified
ID No.
Alcohol
Depressant
Time of use?
Where were the drugs used? (Loc
Eval. Start Time
Time Completed
Reviewed By
Stimulant
Hallucinogen
Dissociative Anesthetic
Narcotic Analgesic
In
Ca
11. Opinion of the Evaluator
12. Toxicological Examination
Drugs 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 Categories
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CNS Depressants
CNS Stimulants
Hallucinogens
Dissociative Anesthetics
Narcotic Analgesics
Inhalants
Cannabis
Indicators of Cannabis
Impairment
General Indicators
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Body tremors
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Increased appetite
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Disoriented
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Marked reddening of conjunctiva
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Odor of marijuana
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Possible paranoia
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Relaxed inhibitions
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Debris in mouth
(possible)
Eyelid tremors
Impaired perception of
time and distance
Indicators of Cannabis
Impairment
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
(6)
possibly normal
Contact Information
Honorable Michelle Saunders
District Court of Maryland
200 Duke Street
Prince Frederick, MD 20678
443-550-6706
Tom Woodward
Maryland DRE Coordinator
Maryland State Police
6852 4th Street
Sykesville, MD 21784
301-988-6954