The Ever-Changing Impaired Driving Landscape

Chuck Hayes International Association of Chiefs of Police Impaired Driving Through the Years  Commonly referred to as “drunk driving” in early days  August 1910 – 1st "drunk driving" arrest (New York City)  1930’s - Police recognize perils of “narcotics” users operating automobiles (California)  1960’s - Illicit and driving emerge  1980’s - Prescription drugs and driving on the rise  2013/Present - MJ DUI cases on the rise  2015/Present - Opiate DUI incidents emerging The Changing Landscape

 Drugged driving is on the rise

 Drugs other than alcohol becoming more prevalent in motor vehicle crashes

 Many on-going national and international efforts to address the problem Drugged Driving Research

2013 – 2014 Roadside Survey of Alcohol and Use by Drivers: Weekend nighttime drivers testing positive for illegal drugs or medications increased from 16.3% in 2007 to 20% in 2013-2014. One in four drivers tested positive for at least one drug that could adversely affect vehicle operation - an increase of 23% from 2007. Police Finding More Drugged Drivers on Pennsylvania Roads CNHI, January 30, 2016

• Almost 4 in 10 DUI arrests in 2014 involved drugs

• In 2014, 52,636 people were arrested for DUI – a decease of approximately 1,400 drivers. However, drugged driving arrests increased 20,691 - nearly a 10% increase from the previous year MJ Involvement in Washington Fatal Crashes Average of 12.2% of deceased drivers tested for drugs (2010 – 2013) tested positive for THC

Increased to 22.1% in 2014.

Source: Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010 – 2014, AAA Foundation for Traffic Safety, May 2016 Washington DUI- Cases Law Enforcement’s Drugged Driving Countermeasures • Standardized Field Sobriety Testing (SFST) “The Foundation”

• Advanced Roadside Impaired Driving Enforcement (ARIDE) – “Intermediate Level”

• Drug Recognition Expert (DRE) – “Advanced Level” ARIDE and DRE Training ARIDE - • 16 hours of classroom training DRE - • 72 hours classroom field certifications • Field certification using impaired subjects • Comprehensive, in-depth law enforcement training Drug Recognition Experts (DRE) • The best drugged driving identification and detection training available

• Over 7,200 DREs nationally

• Approximately 2,660 law enforcement agencies with DRE’s nationally

DRE Drug Categories

CNS (Xanax, Soma, many Benzo’s) CNS Stimulants (, Adderall) (LSD, MDMA) Anesthetics (PCP, Ketamine, Dextromethorphan) Narcotic Analgesics (Heroin, Codeine, Oxycodone, Buprenorphine) (Nitrous Oxide, Dust Off, paint remover, many other substances) Cannabis (Marijuana, Hash, Hashish, Dabs, many edibles) Oregon Top Five Drugs in DUII Cases - 2015

1. Cannabis (THC) 2. Methamphetamine / Amphetamine 3. Morphine 4. Oxycodone 5. Alprazolam (Xanax) Marijuana and Driving

• Old drug with many challenges (old and new) • Understanding / recognizing impairment is critical • Expanded roadside detection training needed • Legalization equates to more impaired drivers THC Positive DUII Cases in Oregon

2013 – 50.7% of cases

2014 – 53.7% of cases

2015 – 56.9% of cases (29% increase in positive confirmations in 3 years)

Source: Oregon State Police Crime Lab, May 2016 Cannabis Effects Vary with dose, route of administration, experience of user  Relaxation  Euphoria  Relaxed inhibitions  Disorientation  Altered time and space perception  Lack of concentration  Alterations in thought process  Paranoia Cannabis Impairment Effects Eyelid tremors Side-to-side, front-to-back, circular sway

Lowered temperature Dilated pupils, bloodshot, watery eyes

Slow, deliberate speech Rebound dilation

Odor of marijuana Increased B/P (New users) Other indicators: May be lowered for experienced users - Relaxed inhibitions - Sharpened sense of humor Increased pulse rate - Difficulty with concentration - Disorientation Body/Leg tremors - Altered time and space perception - Lethargic actions - Short term memory problems “Drug Recognition Expert (DRE) Examination Characteristics of Cannabis Impairment”

Hartman, Richman, Hayes, and Huestis 302 DRE Cannabis Case Study  Cannabis only DRE evaluations analyzed  Delta-9-THC blood toxicology cases only  No other drugs or alcohol involved  Driving actions and impairment indicators reported  Examined THC cases above and below 5 ng/mL  Compared with 302 non-impaired individuals

 DRE reports collected from nine states: AZ, CA, CO, MT, NM, PA, TX, WA, WI 302 DRE Cannabis Case Study

• THC blood ranges: 1.0 to 47.0 ng/mL • Mean THC level: 8.1 ng/mL • 114 cases below 5 ng/mL THC (38%) • 188 cases at 5 ng/mL THC and above (62%)

• Average age of case subjects: 23.9 years • Largest group – white males (58%) Myth or Fact?

Users, as well as some researchers, have reported that MJ users may be aware of their impairment and take appropriate precautions to compensate for the impairing effects while driving. Reason for the Traffic Stop Percent Study Conclusions No significant differences detected in outcome measures between cases with <5 ng/mL and >5 ng/mL THC blood levels.

Combined observations on psychophysical and eye examinations produced best indicators of impairment.

Major differences between Cannabis impaired subjects and control non-impaired group.

Study impairment indicators support DEC Program The 5 ng/mL THC Debate

How did we get 5 ng/mL of THC?

Research suggests that setting a cutoff level at less than 5 ng/mL THC for blood would fail to identify many drivers who smoked cannabis because THC is rapidly cleared from the blood.

Source: DuPont, Drugged Driving Research, 13 New THC Per Se Limit Research

An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per Se Limits for Cannabis, AAA Foundation for Traffic Safety, May 2016

“There is no evidence from the data collected, particularly from the subjects assessed through the DRE exam, that any objective threshold exists that established impairment based on THC concentrations measured in specimens collected from cannabis-positive subjects placed under arrest for impaired driving.” DUI-Cannabis Challenges

Marijuana impairs driving ability – but to what degree?

Trying to compare Cannabis impairment with alcohol impairment.

Getting police officers adequately trained to detect drivers impaired by Cannabis. Drugged Driving Prevention Strategies

Preventing drugged driving must become a national priority same level with preventing drunk driving.

Strategies:

 Collect further drugged driving data  Enhance prevention through education  Increased drugged driving detection training for police  Develop screening methodologies for roadside drug testing  Expanded research on how drugs effect driving IACP DEC Program Website

www.decp.org Contact Information

Chuck Hayes International Association of Chiefs of Police Law Enforcement Operations and Support DEC Program Training Coordinator [email protected] 503-585-0055