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

2. Fair Use Statement:
In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

3. 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

4. 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

5. 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

6. Identifying The Problem:
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

7. Identifying The Problem:
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

8. Identifying The Problem:
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.

9. Identifying The Problem:
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

10. The Problem:
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

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

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

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

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

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

16. Legal:
Warning Labels

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

18. 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.

19. 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.

20. 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

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

22. 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…

23. 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…

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

25. 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?

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

27. Evidence:
Biological Samples:
Breath
Blood
Urine

28. 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.

29. 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.

30. 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.

31. 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.

32. 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

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

34. Michael (Mike) Halford
Thank You
Michael (Mike) Halford
Missouri State Highway Patrol
Field Operations Bureau