The DRE Program and Drug Impaired Driving Inns of Court Sgt. Robert Hayes, Albany Police Department Sr. AAG Deena Ryerson AAG Amy Seely March 16th, 2017

DUII-Drug Problem FBI estimated 1.5 million people were arrested on drug abuse violations in 2015 2014, 10 million persons 12 or older reported driving under the influence of an illicit drug Response: State laws prohibiting driving under the influence of drugs. Increase in training opportunities. Growth of DRE Programs nationally and internationally. Technology focused on roadside screening tools (OF, cannabis breath test) and better forensic testing of blood and urine samples. 2001 – 17,448 Americans were killed in alcohol related crashes 2012 – 10,322 Americans were killed in alcohol related crashes. In 2011, 226 children were killed in drunk driving crashes. Of those, 122 (54%) were riding with the drunk driver. 2010 – more than 10,000 Americans were killed in alcohol related crashes The 9,878 alcohol-impaired-driving fatalities in 2011 accounted for 31 percent of overall fatalities, the same percentage of overall fatalities as in 2010. One death every 51 minutes

What Is a DRE? A highly trained police officer who provides expertise and assistance in impaired driving investigations. Provides “Post-Arrest” investigation assistance. Requested when impairment is not consistent with the arrestee’s BAC. 12-step evaluation to determine cause of roadside impairment, culminating in a DRE’s opinion.

DRE Opinion Is the subject impaired? If they are impaired, is it due to an medical condition, or is it drug related? If drug related, what category or combination of categories are the most likely source of impairment?

Oregon DRE Program Starting date: January 1, 1995 (24th DEC State) Currently 212 DREs across 73 agencies, in 30 of Oregon’s 36 counties. 2015: 1507 evaluations (Avg 7.5 evals per DRE) Approximately 90% accuracy rate

Drugged Driving Trends Cannabis DUII cases increasing CNS Stimulants on the rise again in Oregon. Non-controlled substances: At least 251 traffic-related urine samples tested positive for only non-controlled substances since January 2014. Most common: Diphenhydramine (Benadryl) – 70 incidents

2014 – 2248 UAs Tested

2015 – 2555 UAs Tested

Post-Measure 91 Training ARIDE 2015-2016: 31 classes training 464 officers DRE 2015-2016: Four DRE Schools training 64 new DREs. 2017: Two classes in progress/scheduled DRE Instructor 2015: 6 new instructors 2017: 5 new instructors

What does this mean for law enforcement ? Impairment? Dissipation Evidence collection – not like alcohol Impairment remains even when THC leaves blood

Rate of Decrease of THC in the Blood 10min 25min = 73.5% (75.1%) 25min 60min = 85.3% (87.3%) 60min 1h 25min = 90.3% (91.3%) 1hr 25min 2h 18min = 94.6% (95.5%) 2h 18min 3h 18min= 96.9% (97.9%) Without alcohol (with alcohol) Effects of Blood Collection Time on Measured ∆ 9-Tetrahydrocannabinol Concentrations: Implications for Driving Interpretation and Drug Policy Hartman, R.L., et al. (2016)

THC cases at or above 5 ng/mL Year # cases positive for THC # cases positive for THC below 5 ng/mL # cases (%) positive for THC above 5 ng/mL 2011 1,036 530 506 (49%) 2012 988 378 610 (62%) 2013 1,362 642 720 (53%) 2014 1,759 1,056 703 (40%) 2015 2,311 1,389 922 (40%) 2016 (Jan-Feb) 473 287 186 (39%)

A 2-Year Study of ∆ 9-tetrahydrocannabinol Concentrations in Drivers: Examining Driving and Field Sobriety Test Performance Declues, Perez, Figueroa, Forensic Sciences 2116 Study looked at police reports and DRE evaluations of THC positive samples Looked at basis of stop, FSTs, and indicators of impairment Looked for a correlation with blood THC concentrations, driving pattern, and FST performance on DRE and non DRE evaluations

Top 9 Reasons for Driver Contact DRIVING BEHAVIOUR # OBSERVED % of TOTAL Speeding 61 24.0 Unable to maintain lane pos. 59 23.2 Ran red light or stop sign 33 13.0 Unsafe lane change 22 8.7 Collision 21 8.3 Going too slow 17 6.7 No headlights at night 14 5.6 No turn signals 14 5.6 Driving the wrong way 13 5.1 Some exhibited more than 1

Drug Recognition Expert (DRE) Examination Characteristics of Cannabis Impairment Hartman, Richman, Hayes, Huestis Accident Analysis and Prevention 2116 Cannabis only DRE evaluations analyzed between 2009-2014 Looked at basis of stop, FSTs, and indicators of impairment Looked at blood THC concentrations, driving pattern, and FST performance

THANK YOU!