The Science & Admissibility of Drug Evaluation and Classification Evidence Drug Recognition Expert

Topics What is a DRE? What is a DRE? Pre-requisite to becoming a DRE Pre-requisite to becoming a DRE DRE Training & Certification Requirements DRE Training & Certification Requirements Retraining / Recertification Requirements Retraining / Recertification Requirements What is involved in a DRE Evaluation? What is involved in a DRE Evaluation? DRE & The Courts 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 Drug Recognition Expert Program (DRE) =

Program Oversight The International Association of Chiefs of Police (IACP)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 (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 (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 (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

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 Field Evaluations Requirements

Final Certification Knowledge Examination A multi-part, comprehensive examination A multi-part, comprehensive examination No significant errors or omissions allowed No significant errors or omissions allowed Examines candidate’s overall knowledge Examines candidate’s overall knowledge

Certification Successfully complete all phases of training Successfully complete all phases of training Receive recommendation of 2 DRE Instructors Receive recommendation of 2 DRE Instructors Submit a satisfactory Curriculum Vitae & Rolling Log Submit a satisfactory Curriculum Vitae & Rolling Log Certified by State Coordinator Certified by State Coordinator Credentialed by IACP Credentialed by IACP

Re-Certification DRE Certification is good for two years DRE Certification is good for two years DRE’s shall be required to renew their certificate of continuing proficiency every two years DRE’s shall be required to renew their certificate of continuing proficiency every two years Perform a minimum of four (4) acceptable evaluations since the date of last certification, one observed by a DRE Instructor 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 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 Present an updated Curriculum Vitae and Rolling Log to the appropriate coordinator for review and approval

The Drug Evaluation Process Step One Establish that the subject is impaired Step Two Rule out medical impairment Step Three Determine the category of drugs involved

3 Step Process Looking for 3 Things Looking for 3 Things Establish Impairment Establish Impairment MD 13.5% - National 6.2% are unimpaired MD 13.5% - National 6.2% are unimpaired Impairment result of Medical Condition? Impairment result of Medical Condition? MD 2.5% - National 1.6% MD 2.5% - National 1.6% Determine Category(ies) of drugs Determine Category(ies) of drugs CNS Depressant – 52.3% CNS Depressant – 52.3% Narcotic Analgesic – 41.7% Narcotic Analgesic – 41.7% Cannabis – 25.9% Cannabis – 25.9%

DRE and the Courts Challenges Challenges Untrained Medical Diagnosis – practicing medicine without a license Untrained Medical Diagnosis – practicing medicine without a license Not accurate – Incorrect Categories Not accurate – Incorrect Categories DREs can’t identify drug used DREs can’t identify drug used Missing or inconsistent indicators Missing or inconsistent indicators

Frye-Reed State v. Brightful, et al. State v. Brightful, et al. Carroll County Circuit Court Carroll County Circuit Court Opinion filed March 5, 2012 Opinion filed March 5, 2012 State v. Crampton State v. Crampton Montgomery County Circuit Court Montgomery County Circuit Court Opinion filed March 19, 2013 Opinion filed March 19, 2013 State v. Wood, et al. State v. Wood, et al. Calvert County District Court Calvert County District Court Written opinion on May 21, 2013 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 & 1 st Pulse

4. Examination of the Eyes HGN Right EyeLeft Eye Vertical Gaze Nystagmus? Lack of Smooth Pursuit Yes No Max. Deviation Convergence Right Eye Left Eye Angle of Onset

5. Divided Attention Tests Balance Eyes Closed Internal Clock: ____ Estimated as 30 sec. One Leg Stand: Sways while balancing. Uses arms to balance. Hopping. Puts foot down. L R Type of Footwear Right Left Draw lines to spots touched

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 DarknessDirectNASAL AREA Left Eye Right EyeORAL CAVITY REBOUND DILATION Reaction to Light Yes No

8. Examination of Muscle Tone MUSCLE TONE: Near NormalFlaccidRigid Comments:

9. Examination for Injection Sites RIGHT ARMLEFT ARM ATTACH PHOTOS OF FRESH PUNCTURE MARKS

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 ArrestTime DRE Notified Eval. Start TimeTime Completed Member Signature (Include Rank)ID No. Reviewed By Opinion of Evaluator:Rule Out Alcohol Stimulant Dissociative Anesthetic Inhalant Medical Depressant Hallucinogen Narcotic Analgesic Cannabis

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 CNS Depressants CNS Stimulants Hallucinogens Dissociative Anesthetics Narcotic Analgesics Inhalants Cannabis

Indicators of Cannabis Impairment Body tremors Body tremors Disoriented Disoriented Debris in mouth (possible) Debris in mouth (possible) Eyelid tremors Eyelid tremors Impaired perception of time and distance Impaired perception of time and distance Increased appetite Marked reddening of conjunctiva Odor of marijuana Possible paranoia Relaxed inhibitions General Indicators

Indicators of Cannabis Impairment (6) possibly normal (6) possibly normal HGNNone VGNNone Lack of ConvergencePresent Pupil SizeDilated (6) Reaction to LightNormal Pulse RateUp Blood PressureUp TemperatureNormal Muscle ToneNormal

Contact Information Honorable Michelle Saunders District Court of Maryland 200 Duke Street Prince Frederick, MD Tom Woodward Maryland DRE Coordinator Maryland State Police th Street Sykesville, MD