According to the International Association of Chiefs of Police, Drug Recognition Experts (DREs) are police officers specially trained to examine drivers suspected to be under the influence of drugs. They determine whether the driver is impaired, whether the impairment is caused by drugs or a medical condition, and what category or combination of categories of drugs likely causing the impairment. These officers must go through an extensive, three-phase training program and pass an examination to become certified.
In general, DREs evaluate impairment based on tests of proper function of several body parts that drug use could alter. These include eye movements, pupil dilation, muscle tone, balance tests, blood pressure, and pulse. They will also ask a series of questions that can help them determine a suspect’s mental state. All these tests and more are conducted as part of a standardized 12-step evaluation.
DREs utilize a set of observable signs and symptoms to judge what caused a suspect’s impairment. They are required to conduct their evaluation in the same way for every suspect whenever possible. These steps are as follows:
- Breath Alcohol Test – The suspect’s breath alcohol concentration is tested to assess if it is high enough to explain their impairment.
- Interview of Arresting Officer – The DRE interviews the arresting officer about the suspect’s behavior, appearance, and the way they were driving.
- Preliminary Examination and First Pulse – This is the first examination the DRE conducts to assess if the possibly impaired driver might be suffering from an injury or other medical condition. The DRE asks a series of questions about recently ingested food, drugs, or alcohol and evaluates the suspect’s demeanor, speech, breath, and facial expression. Additionally, the DRE takes the suspect’s pulse for the first of three times. If the DRE decides the suspect may be suffering from a medical condition, and if not, the evaluation moves to the next step.
- Eye Examination – The DRE examines the suspect’s eyes for horizontal and vertical nystagmus (uncontrolled eye movements) and lack of convergence (the eyes aren’t moving together normally)
- Divided Attention Psychophysical Tests – The DRE uses four tests that determine the suspect’s ability to divide their attention between physical and mental actions. The test include: Modified Romberg Balance test (to see if a person has decreased balance with closed eyes), the Walk and Turn test (take nine heel-to-toe steps forward, pivot, and take nine heel-to-toe steps back), the One Leg Stand (stand on one foot with the other foot held about six inches above the ground and count in thousands until told to stop), and the Finger to Nose test (stand with feet together, alternate touching nose with left and right index finger at DRE’s prompting).
- Vital Signs and Second Pulse – DRE measures suspect’s blood pressure, temperature, and checks their pulse a second time.
- Dark Room Examinations – Suspect is tested for normal pupil dilation in three different lighting conditions.
- Examination of Muscle Tone – DRE examines the suspect’s muscles. Some drugs may cause muscle rigidity, while others may cause muscle flaccidity.
- Check for Injection Sites and Third Pulse – DRE examines suspects for injection sites that may indicate the use of certain types of drugs. Suspect’s pulse is taken for the final time.
- Suspect’s Statements and Other Observations – DRE reads the suspect their Miranda rights, then ask them a series of questions regarding their drug use.
- Analysis and Opinions of the Evaluator – DRE uses information from previous steps to form an opinion on whether the suspect is in fact, impaired, as well as the type of drugs they believe contributed to the impairment.
- Toxicological Examination – A chemical test or series of tests that provide additional scientific and court-admissible evidence to support the DRE’s opinion.
If you’re charged with a marijuana-related DUI or any drug charge, contact the DUI lawyers at McConnell Law Firm as soon as possible. It’s important to remember that every case is different, and no conclusions should be drawn without first consulting an attorney about the specifics of your case.
When you contact us, we will walk you through the process of both the administrative and criminal proceedings and fight to reduce the time you spend in court proceedings. If we take your case, we may be able to win you an acquittal, get the case dismissed, or negotiate a diversion to help protect your driving privileges in addition to reducing the impact on your driving record and future insurance payments.
Please contact our DUI attorneys today for a free consultation. We look forward to helping you!
