DRE Program: NE History and Current Status Presented to the Nebraska Drugged Driving Summit 08 December 2015 Darrell Fisher, Executive Director Nebraska Commission on Law Enforcement and Criminal Justice
History of the DRE Program The DEC program began in the early 1970s in Los Angeles, California. It was developed initially by the Los Angeles Police Department as a means of dealing with the increased number of drivers suspected of driving under the influence of drugs. Through the program s success it later expanded to other states and eventually into Canada and other countries. As of today, there are 50 states, plus the District of Columbia, and Canada that have active DRE Programs. There is also now a small presence of DRE s in Germany, the United Kingdom, and Hong Kong.
Nebraska and the DRE Program Nebraska became a DEC state in 1991. We were chosen as a pilot site, based upon our completing a site selection evaluation. This was not necessarily an easy task.
NHTSA Site Selection Evaluation - 1991 Our implied consent statute had to be in compliance: explicitly allows the chemical test sample to be analyzed to determine the presence and/or concentration of drugs other than alcohol; explicitly indicates that the consent applies to multiple tests, i.e., that the person is deemed to have given consent to a test or tests of blood, breath or urine ; and empowers the arresting officer and/or the law enforcement agency to select the types of chemical tests to be taken, rather than giving the suspect the option of choosing the tests.
NHTSA Site Selection Evaluation - 1991 Nebraska s level of DUI enforcement was analyzed. Identified the level of SFST training used by law enforcement; Identified the level of NOHS funding for impaired driving enforcement; Identified the level of DUI prosecution support.
NHTSA Site Selection Evaluation 1991 Examined the level of Standardized Field Sobriety Testing (SFST) Training. Nebraska held it s very first DRE Pre- School on 19 and 20 September 1991. DRE Certification School followed in October.
What is a DRE? A drug recognition expert or DRE, is a police officer specially trained to recognize impairment in drivers who are under the influence of drugs OTHER THAN or in addition to, alcohol.
DRE Training Three phase process: DRE Pre-School (16 hours) DRE Certification School (56 hours) DRE Field Certifications (around 36 to 60 hours)
Goal of the DRE 1. Determine if the subject is impaired, and if impaired, is the impairment consistent with a blood alcohol level; 2. Determine whether the impairment may stem from an illness or injury, requiring prompt medical attention; 3. If impairment is inconsistent with alcohol, and inconsistent with illness or injury, then utilize the diagnostic procedures to determine what category or categories of drugs is likely causing the impairment. I-2
DRE Working Definition of Drug Any substance, which when taken into the human body, can impair the ability of the person to operate a vehicle safely. I-4
The Seven Drug Categories for the DRE Program CNS Depressants CNS Stimulants Hallucinogens Dissociative Anesthetics Narcotic Analgesics Inhalants Cannabis
The Seven Drug Categories Each category consists of substances that impair a person s ability to drive. The categories differ from one another in terms of how they impair driving ability and in terms of the kinds of impairment they cause. Because the categories produce different kinds of impairment, they generate different signs and symptoms.
Overview of the Drug Evaluation and Classification Procedures II-1
The Drug Influence Evaluation A Standardized and Systematic Process II-3
Step 1 Breath Alcohol Test II-5
Step 2 Interview of the Arresting Officer II-6
Step 3 Preliminary Examination II-7
Step 4 Examination of the Eyes HGN Right Eye Left Eye Vertical Gaze Nystagmus? Yes No Lack of Smooth Pursuit Convergence Right Eye Left Eye Max. Deviation Angle of Onset II-8
Step 5 Right Left Draw lines to spots touched 2 4 5 Divided Attention Tests 1 3 6 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 Walk And Turn Test Describe Turn Cannot keep balance Starts too soon 1st Nine 2nd Nine Stops Walking Misses Heel-Toe Steps Off Line Raises Arms Actual Steps Taken Cannot Do Test (explain) II-9
Step 6 Examination of Vital Signs Pulse & Time 1. / 2. / 3. / Blood Pressure / Temp II-10
Step 7 Darkroom Examinations PUPIL SIZE Room Light Darkness Direct NASAL AREA Left Eye Right Eye ORAL CAVITY HIPPUS Yes REBOUND DILATION Reaction to Light No Yes No II-11
Step 8 Examination for Muscle Tone MUSCLE TONE: Near Normal Flaccid Rigid Comments: II-12
Step 9 Examination for Injection Sites RIGHT ARM LEFT ARM ATTACH PHOTOS OF FRESH PUNCTURE MARKS II-13
Step 10 Suspect s Statements and Other 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 D/A Inhalant Medical Depressant Hallucinogen Narcotic Analgesic Cannabis II-14
Step 11 Opinion of the Evaluator II-15
Step 12 Toxicological Examination II-16
Drug Influence Report Checklist 1. Breath alcohol test 2. Interview of arresting officer (Note: Gloves must be worn from this point on) 3. Preliminary examination and first pulse 4. Eye Examinations 5. Divided attention tests: - Romberg balance - Walk and turn - One leg stand - Finger to nose 6. Vital signs and second pulse 7. Dark room examinations and ingestion examination 8. Check for muscle tone 9. Check for injection sites and third pulse 10. Interrogation, statements and other observations 11. Opinion of evaluator 12. Toxicological examination II-17
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A Necessary Bridge From SFST to DRE ARIDE Training (Advanced Roadside Impaired Driving Enforcement) Training conducted by DRE Instructors 563 ARIDE Schools conducted in 2014 10,418 officers trained in 2014 46,620 trained since the program s inception in 2009 Approximately 600 courses being conducted in 2015
Questions?