Officers Follow 12-Step Process to Identify DUI with Drugs

 Posted on September 17, 2018 in DUI

The driving under the influence of drugs evaluation process is increasingly important in California because of the recent legalization of recreational marijuana. Most California Highway Patrol officers have received training to identify signs of drug-related impairment, but fewer officers are certified to recognize which drug may be impairing the driver. Being accused of using an illegal drug may have different consequences than being accused of using marijuana. Many law enforcement organizations follow a 12-step drug recognition process that the International Association of Chiefs of Police endorses:

1. Breath Alcohol Test: The arresting officer must first determine whether the suspect is under the influence of alcohol. The officer can request a drug recognition evaluation if the breath test is negative but the officer believes the suspect is impaired.
2. Interviewing the Arresting Officer: A drug recognition expert (DRE) starts his or her evaluation process by asking the arresting officer about the subject’s appearance and behavior.
3. Preliminary Examination: The DRE examines the suspect to determine whether factors other than drugs could be affecting the suspect’s condition and if the suspect needs immediate medical attention.
4. Eye Test: The DRE administers the horizontal gaze nystagmus and vertical gaze nystagmus tests.
5. Divided Attention Tests: The DRE conducts several field tests to evaluate the suspect's balance and ability to follow multiple directions at once.
6. Vital Signs: The DRE checks the suspect’s blood pressure, temperature, and pulse.
7. Dark Room Examinations: The DRE uses various lighting conditions to determine whether the suspect’s pupils are dilated or constricted.
8. Muscle Tone Check: The DRE checks the suspect’s muscles to see if they have become rigid or flaccid.
9. Check for Injection Sites: The DRE looks for any marks on the suspect’s body that may indicate the injection of a drug.
10. Suspect Interview: The DRE asks the suspect whether he or she has used drugs and details regarding the drug use.
11. Conclusion: The DRE decides whether the evidence suggests that the suspect was impaired by drugs and attempts to identify the drug that is responsible.
12. Toxicology: Chemical test results will later confirm whether the DRE’s evaluation was accurate.

Responding to Drug Evaluation

Most of the steps in the drug recognition evaluation process are subjective tests. Factors other than drug use can explain the symptoms that the DRE is looking for. Even the presence of a drug in your body does not prove that you were impaired. Refusing a drug recognition evaluation is in your best interest, though it may result in further penalties. A San Francisco DUI defense attorney at Burglin Law Offices, P.C., can protect you against DUI charges related to drugs or alcohol. To schedule a free consultation, call 415-729-7300.

Source:

http://www.decp.org/drug-recognition-experts-dre/12-step-process/