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.