1. 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

2. 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

3. 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.

6. 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?

7. 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

8. 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

9. 2014 – 2248 UAs Tested

10. 2015 – 2555 UAs Tested

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

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

13. 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)

14. 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%)

15. 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

16. Top 9 Reasons for Driver Contact
DRIVING BEHAVIOUR # OBSERVED % of TOTAL Speeding Unable to maintain lane pos Ran red light or stop sign Unsafe lane change Collision Going too slow No headlights at night No turn signals Driving the wrong way
Some exhibited more than 1

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

21. THANK YOU!