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Georgia Traffic Prosecutor Volume 4, Issue 1

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Georgia Traffic Prosecutor Volume 4, Issue 1 volume 4, issue 1 traffic GEORGIA PROSECUTOR A Publication of the Prosecuting Attorneys’ Council of Georgia Traffic Safety Program our mission The goal of PAC’s Traffic Safety Program is to effectively assist and be The ABCs of DREs a resource to our fellow prosecutors in Excerpts reprinted with permission from the International Association of Chiefs of Police (IACP) keeping our highways safe by helping to prevent deaths and accidents on the roads in Georgia. What is a Drug Recognition Expert? 2. Is the impairment due to an injury, illness or other medical complication, or is it drug- A drug recognition expert or drug recognition related? If the impairment is due to drugs… evaluator (DRE) is a police officer trained to contents recognize impairment in drivers under the 3. Which category or combination of cat- influence of drugs other than, or in addition egories of drugs is the most likely source of to, alcohol and in identifying the category or the impairment? categories of drugs causing the impairment. A DRE is an individual who has successfully DREs conduct their evaluations in a con- completed all phases of the Drug Evaluation trolled environment, typically at police pre- and Classification Program’s training require- cincts, intake centers, troop headquarters or ments for certification as established by the other locations where impaired drivers are International Association of Chiefs of Police transported after arrest. The drug evalua- Photo Courtesy: The International Drug Evaluation & Classification Program (www.decp.org) (IACP) and the National Highway Traffic tion is not normally done at roadside and is Safety Administration (NHTSA). typically a post-arrest procedure. feature article > The Drug Evaluation & Classification Program: In some cases, the person evaluated will be a Drug impaired drivers kill and driver the DRE personally arrested. In many injure thousands of people each The Drug Evaluation and Classification (DEC) cases, however, the DRE will be called upon year throughout the United States. Program trains police officers and other public to conduct the evaluation after the driver Unfortunately, prosecuting drug- safety officials as drug recognition experts or was arrested by another officer. The DRE is impaired drivers is a challenging task for both the Drug Recognition Expert drug recognition evaluators (DREs) through a requested to assist in the investigation because (DRE) and the Prosecutor. Jurors, who three-phase training curriculum that includes of his special expertise and skills in identifying are very familiar with alcohol’s effects, the following: drug impairment. signs and symptoms, often know little, if anything, about other drugs. To • Drug Recognition Expert Pre-School (16 hrs.) The DRE drug evaluation takes approxi- successfully explain the evidence and • Drug Recognition Expert School (56 hrs.) mately one hour to complete. The DRE issues to the jurors in a DUI Drugs • Drug Recognition Expert Field Certification evaluates and assesses the person’s appear- case, prosecutors must understand basic drug toxicology. (Approximately 40 hrs.) ance and behavior. The DRE also carefully measures and records vital signs and makes The training relies heavily upon the Stan- precise observations of the person’s automat- additional features dardized Field Sobriety Tests (SFSTs), ic responses and reactions. The DRE also History of the Drug Evaluation and 3 which provide the foundation for the DEC administers carefully designed psychophysi- Classification Program Program. Once trained and certified, DREs cal tests to evaluate the person’s judgment, The National Traffic Law Center: 3 become highly effective officers skilled in the information processing ability, coordination A Resource for Prosecutors and Law detection and identification of persons and various other characteristics. The DRE Enforcement impaired or affected by alcohol and/or drugs. will systematically consider everything about Drug Category Symptomology Chart 4 the person that could indicate the influence Helping the Jury to Understand 5 The Drug Recognition Expert at Work: of drugs. Reckless Behavior Blood Alcohol Concentration Limits 5 A Drug Recognition Expert conducts a de- A Drug Recognition Expert never reaches Worldwide tailed, diagnostic examination of persons ar- a conclusion based on any one element of Emerging Technology in Alcohol 6 rested or suspected of drug-impaired driving the evaluation, but instead on the totality of Measurement Devices or similar offenses. Based on the results of the facts that emerge. The DRE evaluation is stan- Click It or Ticket 7 drug evaluation, the DRE forms an expert dardized because it is conducted the same way, opinion on the following: by every Drug Recognition Expert, for every Congratulations to Georgia Law 7 Enforcement suspect whenever possible. Standardization is 1. Is the person impaired? If so, is the person important because it forces the officers to be Candlelight Vigil 2007 7 able to operate a vehicle safely? If the DRE better observers, helps to avoid errors, and Current Georgia DREs 7 concludes that the person is impaired… promotes professionalism. continued > This newsletter is a publication of the Prosecuting Attorneys’ Council of Georgia. The “Georgia Traffic Prosecutor” encourages readers to share varying viewpoints on current topics of interest. The views expressed in this publication are those of the authors and not necessarily of the State of Georgia, PACOG or the Council staff. Please send comments, suggestions or articles to Fay McCormack at [email protected] or Patricia Hull at [email protected]. Georgia Traffic Prosecutor 1 The 12-Step 5. Divided Attention Psychophysical Tests was impaired and the category(s) of drugs Drug Recognition Expert Protocol: The DRE administers four psychophysical causing the impairment. tests: the Romberg Balance, the Walk and The International Association of Chiefs of Police DREs are trained to conduct a standardized Turn, the One Leg Stand, and the Finger to (IACP) is the coordinating agency for the DEC and systematic 12-step evaluation consisting Nose tests. The DRE can accurately determine Program. The International Association of of physical, mental and medical components. if a subject’s psychomotor and/or divided Chiefs of Police (IACP) coordinates the Program The DRE protocol is a compilation of tests attention skills are impaired by administering with support from the National Highway that physicians have used for decades to iden- these tests. Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation. For more tify and assess alcohol-and/or drug-induced information about the program, contact Carolyn impairment. The protocols consists of the fol- 6. Vital Signs and Second Pulse Cockroft, the IACP DEC program manager, at lowing 12 steps: The DRE takes the subject’s blood pressure, 703-836-6767, ext. 206. temperature and pulse. Some drug catego- 1. Breath Alcohol Test ries may elevate the vital signs. Others may The arresting officer reviews the subject’s lower them. Vital signs provide valuable The 7 Drug Categories breath alcohol concentration (BrAC) test re- evidence of the presence and influence of a sults and determines if the subject’s apparent variety of drugs. Physicians have long recognized that different types of drugs affect people differently. None- impairment is consistent with the subject’s theless, drugs may be categorized or classified BrAC. If so, the officer will not normally call a 7. Dark Room Examinations according to certain shared symptomatologies DRE. If the impairment is not explained by the The DRE estimates the subject’s pupil sizes or effects. The DRE categorization process is BrAC, the officer requests a DRE evaluation. under three different lighting conditions with premised on these long-standing, medically accepted facts. DREs are trained to identify signs a measuring device called a pupilometer. The and symptoms of impairment in the following 2. Interview of the Arresting Officer device will assist the DRE in determining seven drug categories: Central Nervous System The DRE begins the investigation by review- whether the subject’s pupils are dilated, (CNS) Depressants, CNS Stimulants, Halluci- ing the BrAC test results and discussing the constricted, or normal. Some drugs increase nogens, Phencyclidine (PCP) and its analogs, Narcotic Analgesics, Inhalants, and Cannabis. circumstances of the arrest with the arrest- pupil size (dilate), while others may decrease Drugs from each of these categories can affect ing officer. The DRE asks about the subject’s (constrict) pupil size. The DRE also checks a person’s central nervous system and impair a behavior, appearance, and driving. The DRE for the eyes’ reaction to light. Certain drugs person’s normal faculties, including a person’s also asks if the subject made any statements may slow the eyes’ reaction to light. Finally, ability to safely operate a motor vehicle. regarding drug use and if the arresting the DRE examines the subject’s nasal and oral officer(s) found any other relevant evidence cavities for signs of drug ingestion. (1) Central Nervous System (CNS) Depressants consistent with drug use. 8. Examination for Muscle Tone CNS Depressants slow down the operations of the brain and the body. Examples of CNS 3. Preliminary Examination and First Pulse The DRE examines the subject’s skeletal Depressants include alcohol, barbiturates, anti- The DRE conducts a preliminary examina- muscle tone. Certain categories of drugs may anxiety tranquilizers (e.g., Valium, Librium, tion, in large
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