Þ     What category or combination of categories of drugs caused the impairment.

 Are there limitations to the program?  There are certain limitations that are important to understand.  First, the DEC process is not a Field Test.   It is a post-arrest procedure which requires a very controlled environment not available to the officer in the field.  Second, the D.R.E. will not be able to identify the exact drug which is causing the impairment.  Rather, the D.R.E. is able to identify impairment consistent with one of seven classes of drugs.  A D.R.E., for example, might identify the category “Central Nervous System Stimulants”, but could not distinguish between amphetamines, cocaine or crystal methamphetamines.  Third, the D.R.E. protocol is not a substitute for  chemical testing.  While the D.R.E. will be able to articulate signs of impairment and relate that impairment to one or more drug categories, chemical testing is still highly desirable to corroborate the D.R.E.’s opinion.

 What is a drug, and what are these drug categories?  The word, “Drug” has different meanings depending on the person using the term.  Many lay-persons think only illicit substances like heroin and PCP are drugs, while others consider all chemical compounds taken into the body to be drugs.  N.H.T.S.A. has a definition more specific to the problem of impaired driving.

A drug is any chemical substance, natural or synthetic which, when taken into the human body, can impair the ability of the person to operate a motor vehicle safely.

The DEC program classifies drugs of abuse into seven categories based on the effects and the observable signs and symptoms of the substance.  While these categories do not correspond exactly with those typically found in medical texts, clinicians in the area of substance abuse and mental health do use a similar classification system.

 The seven drug categories are listed below with common examples of each.

 Central Nervous System (C.N.S.) Depressants:  The most abused example is alcohol, but also included are barbiturates and valium.  These drugs cause a general slowing of the central nervous system with slower heart rate, lower blood pressure, diminished mental faculties, etc.

C.N.S. Stimulants:  Popular drugs of abuse in this category include cocaine and crystal methamphetamines which cause a general speeding-up of the metabolism.

Hallucinogens:   This category includes the psychedelic drugs such as LSD and peyote.  They cause hallucinations and altered perceptions of reality.

 Phencyclidine:   This category includes Phencyclidine (PCP or “Angel dust”) and its analogs such as Ketamine.  These drugs produce some effects which are similar to C.N.S. depressants, some effects which are similar to C.N.S. stimulants and can also cause hallucinations.

 Narcotic Analgesics:  This category includes the opiates such as heroine and morphine as well as the synthetic opiates such as methadone which dull pain and produce a feeling of euphoria.

 Inhalants:   Examples of  this category include volatile solvents such as paint and modeling glue, anesthetic gases such as nitrous oxide and aerosols such as freon.

 Cannabis:   All of the psychoactive byproducts of the cannabis sativa plant containing the substance delta-9 tetrahydrocannabinol or THC are included in this last category including marijuana and hashish.  Also included is Dronabinol, a synthetic THC.

 How can the D.R.E. determine which drug category is causing the impairment that is observed?    The D.R.E. performs various clinical and physical exams and administers a battery of psycho-motor  exams and is able to identify the drug category or categories based on the observable indicators.  The process, sometimes called, “The D.R.E. Twelve-Step Process”, includes a blood pressure check, a pulse check, a check for horizontal gaze nystagmus, the Rhomberg Balance Test and the Walk-And-Turn test among others. The D.R.E. does not make any assumption or draw any conclusion until the evaluation procedure is complete and the conclusion is based on all of the evidence gathered during the D.R.E. evaluation.

 Why is the D.R.E. necessary if a drug test can detect the drug anyway?   Aside from Constitutional search-and-seizure considerations, there are two important reasons why the drug test can not be used alone.   First, a drug test to screen for all drugs is very costly whereas if the chemist knows what to look for from the D.R.E.’s report the cost can be more reasonable.  More important than cost however, is the fact that a drug test can only detect the presence of a drug.  The D.R.E. can show the impairment consistent with that drug and determine that not only was the drug present, but that it was psycho-active at the time of the evaluation.

 If the D.R.E. can do all of that, is the chemical test necessary?   The D.R.E. can identify the presence of a category of drugs with great accuracy, but the drug test is a necessary corroboration of the D.R.E.’s opinion that it was in fact a drug causing the impairment and not a physical condition or illness.

 The “Twelve-Step Process”

The D.R.E.’s watch-words are Standardized and Systematic.  Every D.R.E. trained in every DEC State performs the same examinations and checks in the same order.  Nothing is left to the D.R.E.’s discretion.  Every step of the D.R.E. Process is performed in sequence whether the D.R.E. expects a positive result or not.  Nothing is omitted and nothing is added to the process.  For example, if a suspect were arrested in the act of “snorting” cocaine and freely admitted to using the drug, the D.R.E. would still perform the HGN test even though the D.R.E. knows that cocaine does not affect nystagmus.

1.        Breath Alcohol Test
Every D.R.E. Evaluation begins with a breath test for alcohol for several reasons.  First, the D.R.E. process was designed to provide law enforcement with a tool for prosecuting drivers impaired by drugs other than alcohol.  Therefore, the first step is to determine if the observed impairment is alcohol related.  If it is, then the suspect is charged with Driving Under the Influence of Liquor and the D.R.E. protocol is not necessary.  If there is evidence of impairment and that impairment is not consistent with the blood alcohol concentration, then the D.R.E. protocol is used to determine if that impairment can be related to the ingestion of some other drug or drugs.

 2.             Interview of the Arresting Officer
The arresting officer may not be as knowledgeable about drugs, street drug terms, drug paraphernalia, etc. as the D.R.E. so this step allows the D.R.E. to gain more insight into the circumstances surrounding the arrest, and may uncover additional evidence.

 3.             Preliminary Examination
This initial observation and interview provides the D.R.E. with the opportunity to perform a medical assessment to try to rule out medical reasons for the impairment, illness or injury, etc.  This stage includes the D.R.E.’s observations of the suspect (appearance, attitude, speech pattern, etc.), medical indicators (illness, injury, medication, etc.) and a check of the suspect’s pulse (the first of three taken).

 4.             Examination of the Eyes
In this stage, the D.R.E. checks the eyes for Horizontal Gaze Nystagmus (HGN), Vertical Nystagmus (VN) and Lock of Convergence (LoC).  Certain drug categories such as Depressants and PCP can cause these clues to become evident while others such as Stimulants and Narcotics have no effect on these “Eye-Indicators”.

 5.             Divided Attention Psychophysical Tests
These tests (Walk-and-Turn, One-Leg-Stand, etc.) evaluate the suspect’s ability to divide his or her attention between physical tasks such as walking and balancing and mental tasks such as remembering instructions.  The Rhomberg Balance test further evaluates the suspect’s “Inner-clock” to determine if the suspects perception of the passage of time has been impaired.  Narcotic analgesics, for example, cause a person’s inner clock to slow considerably.  A person under the influence of a narcotic analgesic when asked to estimate the passage of thirty seconds may take two minutes or more.

 6.         Vital Signs Examination
Using the same tools and techniques that a medical professional would use, the D.R.E. checks the same signs, pulse, blood pressure and temperature.  Different categories of drugs have different measurable effects on the vital signs.  Stimulants (like cocaine) elevate these signs, narcotics (like heroine) depress these signs.  Cannabis on the other hand elevate pulse and blood pressure but do not affect temperature.  This is the second check of the suspect’s pulse.

 7.         Dark Room Examination
The dark room exam includes checking the suspects pupils for reactivity to light and for size under varying lighting conditions.  Certain drugs cause pupils to dilate noticeably and others have no effect.  Narcotic analgesics are the only drugs (by category) to cause pupils to constrict.

 8.             Examination of Muscle Tone
Flaccid muscle tone is generally associated with narcotic analgesics, but muscle tone that appears cyclic from rigidity to relaxation can be caused by PCP and is a warning to the D.R.E. to the possibility of bizarre or violent behavior.

 9.             Examination for Injection Sites
While most drugs of abuse are taken orally or inhaled, several are injected as in heroin use.  The number and condition of the injection sites may give the D.R.E. an indicator of how long the suspect has been using the drug and approximately when it was last administered.   At this time the D.R.E. also checks the subject’s pulse for the third and last time.

10.             Interview, Suspects Statements and Other Observations
The preceding nine steps usually give the D.R.E. an articulable suspicion of the category of drug used and possibly of the time since ingestion.  In this stage, the D.R.E. adheres to constitutional guidelines while questioning the suspect about the use, frequency, and type of drug (category) suspected as well as the suspected drug causing the observed impairment.

11.             Opinion of Evaluator
At this stage, the D.R.E. renders an opinion regarding impairment or non-impairment based on the totality of the facts, observations and circumstances surrounding the incident and articulates the facts to support that opinion.

 12.             Toxicological Report
The toxicological report will be issued by the laboratory based on the sample provided by the D.R.E. at the time of the evaluation.  The type of sample obtained and the tests requested will be determined by the drug or drugs suspected by the D.R.E..

 A typical D.R.E. evaluation takes thirty to forty-five minutes and requires a controlled environment.  The D.R.E. must be able to use a secure room to perform the dark room examination and must be able to control the lighting.  The D.R.E. must also be able to obtain a sample of blood or urine for toxicological examination.  These are some of the factors which preclude the use of the D.R.E. Evaluation process as a field procedure.

 D.R.E. Training Curriculum

 S.F.S.T./H.G.N. School:   Before a candidate may be accepted for training as a D.R.E., he or she should have not only completed the N.H.T.S.A. approved S.F.S.T./ (D.W.I. Detection and Standardized Field Sobriety Testing), but should also be afforded sufficient time to use H.G.N. and the S.F.S.T.s to become proficient.  The N.H.T.S.A. S.F.S.T.. training includes 32 hours of total training with two alcohol labs in which the students are allowed to examine subjects who have been “dosed” on alcohol to different levels.  Neither the students nor the subjects know what each subject’s B.A.C. is and the students must arrive at an arrests/no-arrest decision based only on the results of their examination.

 D.R.E. Pre-School:   After becoming proficient in administering the S.F.S.T. tests, the students participate in a sixteen-hour class in preparation for the formal D.R.E. training.  This training includes another alcohol lab but the students must perform the D.R.E. 12-Step protocol on the suspects to determine C.N.S. Depressant impairment (since alcohol is in this category.)

 D.R.E. School:   The formal D.R.E. school includes fifty-six hours of classroom training in subjects which including legal issues, practice sessions, D.R.E. program validation, case preparation and testimony.

 Written and Proficiency Exams:  During the D.R.E. Pre-School and the D.R.E. School, students must pass a total of five written quizzes with a minimum score of 80% as well as a final written exam with a passing grade of 80%.  In addition, each student must demonstrate proficiency in administering the S.F.S.T.s, and D.R.E. 12-Step protocol before a certified instructor before being allowed to move on to the last step in the training, the field Certification Training.

 Certification Training:   During the field Certification Training, the student is assigned to a D.R.E. who supervises the student during the administration of the D.R.E. Protocol to persons actually arrested and suspected of being impaired by drugs other than alcohol.  This real world experience removes the student from the artificiality of the classroom setting.  Subjects are impaired by real drugs, at “street” doses.   The student does has no idea what category of drugs a particular subject has ingested.  To pass this part of the training, the student must evaluate a minimum of twelve subjects.   Of the twelve, the student must personally administer the protocol to at least six and may “sit-in” on six other evaluations administered by another student.  In addition, the student must have been exposed to at least four different drug categories and must have an accuracy of at least 75%.  The student must also pass another written examination with a minimum score of 80%.  Only after all of these criteria are met can an officer be considered a certified D.R.E..

  The Goal

 As with all traffic enforcement measures, a major goal of the D.R.E. program is to increase public awareness.  Driving while under the influence of alcohol or any other drug is a crime.  D.U.I. violators are killing people and the public needs to realize that it is no longer acceptable to have, “One for the road” before driving home.   People need to understand that an impaired driver is a serious problem whether it is the result of “Only two beers” or heroin or the pills the dentist prescribed for a tooth-ache.  People need to know that the Police Department is actively pursuing impaired drivers.  With public awareness and public compliance we can reduce the useless killing.  By reducing the number of violations through enforcement and through education, we can reduce the deaths and injuries on our highways; we can reduce the pain and suffering; we can reduce property damage in this state.