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Drug Recognition Expert Program

Objective

The Drug Recognition Expert (DRE) program trains law enforcement officers to detect drivers under the influence of illegal drugs, prescription and over-the-counter medications, and inhaled products that impair a driver.

Driving While Impaired by Drugs

Impaired drivers are not always impaired by alcohol. A trend which has seen a marked increase is the number of drivers who are impaired by drugs - prescription as well as illicit drugs. The DRE definition of a drug is any substance, when taken into the human body, can impair the ability of a person to operate a vehicle safely.

The Arizona Department of Public Safety, in conjunction with the Governors Office Of Highway Safety and the International Association of Chiefs of Police, is helping to combat this rising problem by continued support of the Drug Recognition Expert (DRE) program. When an person is investigated for driving under the influence, and the breath test shows little or no alcohol in the system, a DRE is contacted to conduct further investigation. A DRE receives training which gives them the tools to observe additional signs of impairment not readily visible to other law enforcement officers.

Training

Law enforcement officers who are interested in the DRE program should contact the training officer/team for their agency for additional information.

An individual in the process of achieving certification as a drug recognition expert is called a candidate DRE. To achieve certification, a person must successfully complete a training program consisting of:

  • An IACP/NHTSA-approved SFST training course of instruction
  • A two-day IACP/NHTSA-approved DRE preschool
  • A seven-day IACP/NHTSA-approved DRE school
  • On-the-job field certification
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The DRE School is extremely demanding. To receive certification as a DRE, two phases of training must be completed. The following summarizes each phase.

Academic Training

This phase is typically conducted over 9 days (72 hours). It includes courses in physiology, vital signs, standardized field sobriety testing (SFST), as well as extensive material on each of the 7 categories of the drugs of abuse. The training includes a minimum of 3 written examinations, an SFST proficiency examination, and a minimum of 5 written quizzes. Students must achieve a minimum of 80% on the examinations, and must demonstrate proficiency in administering SFST's in order to progress to the certification phase.

Certification Phase

After successfully completing the academic portion, the students must complete the certification phase. It is the student's responsibility to complete the certification requirements within 6 months following DRE School. These requirements include: conducting a minimum of 12 drug influence evaluations while under the supervision of a DRE instructor; identifying subjects under the influence of 4 of the 7 drug categories; and attaining a 75% toxicological confirmation rate. In addition, the student must maintain a progress log, rolling log, and submit a quality resume. Finally, the student must pass a comprehensive final knowledge examination, and obtain the written endorsement of 2 certified DRE instructors.

The International Association of Chiefs of Police (IACP) is the regulating and certifying organization for the DRE program. DRE certification is valid for 2 years. In order to maintain certification, DRE's must conduct a minimum of 4 evaluations within 2 years, submit a rolling log and current resume, and attend 8 hours of recertification training.

History of the DRE Program

The Drug Recognition Expert (DRE) Program and procedures were initially developed in the 1970s by traffic enforcement officers of the Los Angeles Police Department. This procedure trains selected officers to utilize a standardized twelve step evaluation procedure, that enables the officer to determine whether an individual is under the influence of drugs, and then to determine the type of drug causing the observable impairment. Importantly, the DRE procedure enables the DRE to rule in (or out) many medical conditions, such as illness or injury, that may be contributing to the impairment. Although the primary focus of the DRE procedure is driving under the influence (DUI) enforcement, the procedures have been applied to Health and Safety Code violations, probation, parole, drugs in the workplace issues, and other areas where accurately identifying the drug-impaired individual is relevant.

The accuracy of the procedure used by DREs has been validated in two controlled studies. In 1984, a research study at Johns Hopkins University showed that Los Angeles DREs were able to accurately distinguish between the drug-impaired and non-drug-impaired individual. A subsequent Field Validation Study (173 case study) sponsored by the National Highway Traffic Safety Administration in 1985 evaluated the accuracy of the DRE procedures in actual arrest situations. Again, the DREs were very successful in identifying both the drug-impaired individual and the class(es) of drug(s) causing the impairment.

The success of these studies has precipitated the dissemination of DRE techniques to 36 states plus the District of Columbia. In addition, officers in Canada, Australia, Norway, Germany and Sweden have been successful in adapting DRE skills to their jurisdictions.

The DRE procedures have been subject to numerous defense motions challenging the admissibility of DRE testimony. Thus far, courts in California, New York, Arizona, Minnesota, Colorado, and Florida have upheld the admissibility of DRE evidence.

Today, approximately 4,000 law enforcement officers nationwide are certified as DREs by the International Association of Chiefs of Police (IACP). All DREs can trace their expertise back to the 16 Los Angeles DREs that developed the initial formal curriculum in 1986.

Attorney Loss has received DRE training and is experienced in refuting this type of evidence.

This information is courtesy of http://www.azdps.gov/

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DISCLAIMER:   The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems.

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