The Rx Impaired Driver: Strengthening Your Case Michael Halford Missouri State Highway Patrol

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Objectives: Identify current prescription drugged driving problem Identify legal issues with drugged driving cases Discuss the role of Drug Recognition Expert in drug impaired driving cases Identify what evidence to collect to support your prescription drug driving case

The Facts: 49% of Americans (135 million) have used a prescription drug in the last 30 days 80% of older (57+) Americans (220 million) use a prescription drug daily 1/3 of Americans (92 million) use opioids daily 1/6 of Americans (46 million) use an anti-anxiety daily

Prescription Drugs: Legitimate Use – taken in accordance of prescription and direction of physician Improper Use – taken more than prescribed, more often than prescribed Continued Use – taken when no longer necessary due to dependence Illicit Use – illegally obtained and used

Identifying The Problem: 2013-14 National Roadside Study of Alcohol and Drug Use by Drivers Participation was voluntary and anonymous One 2-hour Friday daytime session Four 2-hour nighttime periods on both Friday and Saturday nights 11,100 drivers participated at 300 locations

Identifying The Problem: 2013-14 National Roadside Study of Alcohol and Drug Use by Drivers 9,455 drivers provided breath samples 7,881 provided oral fluid samples 4,686 provided blood samples

Identifying The Problem: 2013-14 National Roadside Study of Alcohol and Drug Use by Drivers 8% of the drivers had a measurable amount of alcohol. Almost a 30% decrease since 2007. 22% of the drivers had a drug in their system 4% rise since 2007 study. Marijuana made up 50% of the identified drugs in the driver’s system.

Identifying The Problem: 2013-14 National Roadside Study of Alcohol and Drug Use by Drivers Medications, either prescribed or over the counter, made up 10% of the 22% of the drugs in the driver’s system

The Problem: 2013-14 National Roadside Study of Alcohol and Drug Use by Drivers While the presence of drugs, either illicit or prescribed were identified, this does not infer the driver was impaired Psychoactive drug– impairment which can interfere w/ skills and abilities to operate a motor vehicle

Legal: RsMO: 577.010 A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.

Legal: RsMO: 577.001 Intoxicated: or "intoxicated condition" when a person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof

Is there an exemption for prescription drug use? Legal: Is there an exemption for prescription drug use? Legal Or Perceived

Is there a legitimate argument to accidental intoxication? Legal: Is there a legitimate argument to accidental intoxication?

Do we have Per Se Limits for prescription drugs? Legal: Do we have Per Se Limits for prescription drugs?

Legal: Warning Labels

Standardize Field Sobriety Tests Legal: How do we determine intoxication? Standardize Field Sobriety Tests

Drug Recognition Experts: A Drug Recognition Expert or Drug Recognition Evaluator (DRE) is an officer skilled in detecting and identifying persons under the influence of drugs and in identifying the category or categories of drugs causing the impairment.

Drug Recognition Experts: DREs are trained to assist the original officer with the case, not take it over. A DRE conducts a detailed, diagnostic examination of persons arrested or suspected of drug-impaired driving or similar offenses.

Drug Recognition Experts: The Exam: Takes approximately 1 hour to complete DRE assesses the persons behavior & appearance Checks vitals (Blood pressure & pulse) Cognitive abilities & responses Psychophysical abilities

Drug Recognition Experts: Based on the results of the drug evaluation, the DRE will form an opinion on the following:

Drug Recognition Experts: Is the person impaired? If so, is the person able to operate a vehicle safely? If the DRE concludes that the person is impaired…

Drug Recognition Experts: Is the impairment due to an injury, illness or other medical complication, or is it drug-related? If the impairment is due to drugs…

Drug Recognition Experts: Which category or combination of categories of drugs is the most likely source of the impairment

Evidence: What was located on the person or in the car? Pill bottles Whose are they? What do they contain? Check prescription fill date and determine use Check location the prescription was filled Multiple bottles for same prescription Who is the doctor?

Evidence: What was located on the person or in the car? Paraphernalia Pipes Foil Spoons Needles Tourniquet material ???

Evidence: Biological Samples: Breath Blood Urine

Evidence: Biological Samples: Breath Breath is not a viable option at this time and poor sample to use to determine the presence of any substance other than alcohol.

Evidence: Biological Samples: Urine Urine is very good option to determine the history of persons use. The scientific method to determine the presence and level of a drug is very well established.

Evidence: Biological Samples: Blood Blood is an excellent option to determine the current presence and use of a substance by a person. The scientific method to determine the presence and level of a drug is well established.

Evidence: Biological Samples: Blood Blood is the preferred evidentiary sample to seize if at all possible. When seizing blood, obtain two tubes from one venipuncture to ensure there is enough sample to complete the identification and the confirmation process.

Drug Recognition Course Funding is provided by the Highway Safety Division of Missouri Department of Transportation Held at the Missouri State Highway Patrol Academy Course is comprised of three weeks, two of which are classroom and one in the field

Drug Recognition Course The next DRE Course will be held July 23rd to August 3rd, 2018. Certifications will be August 19th to 24th. Deadline to apply is May 15, 2018.

Michael (Mike) Halford Thank You Michael (Mike) Halford Missouri State Highway Patrol Field Operations Bureau 573-526-6161 michael.halford@mshp.dps.mo.gov