In today’s day and age, law enforcement have a wide variety of advanced technology to assist them in determining whether a person is under the influence of drugs or alcohol while driving. One might assume that with such tools at their fingertips, any guesswork would be out of the running in deciding the guilt of the accused. However, despite these advancements, law enforcement still uses the unscientific approach of drug recognition experts, or DREs. These officers, while trained to supposedly notice certain symptoms or signs of intoxication or inebriation in civilians, cannot be as exact as the specific tools and technology that has been tested by experts in the field. The question then is why do these positions exist?

What does a DRE do, exactly?

According to the Tennessee Highway Safety Office (THSO), “a drug recognition expert or drug recognition evaluator (DRE) is a police officer trained to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol.” A DRE officer is called in usually when someone has been arrested for or is suspected of illegal drug use.

For example, if a police officer pulls over someone they suspect of being under the influence of alcohol or drugs, but their blood alcohol level is determined to be within the legal limits as tested via a breathalyzer test, a DRE can be called in to decide whether the individual may be under the influence of an illegal drug instead.

How do DREs conduct their investigations?

Drug recognition experts are meant to follow a 12-step process in determining whether the civilian is actually under the influence of an illegal drug. This process includes physical examinations and toxicology tests, though the tests are not necessary for the testimony of the DRE to be admissible in court.

The 12-step process is as follows:

1. Breathalyzer test. If the subject blows a legal limit for Blood Alcohol Content (BAC), but the officer still believes the subject to be under the influence of an illegal substance, then a DRE can be called in.
2. The officer who arrested the subject is interviewed by the DRE, discussing the events and circumstances that led to the arrest. The DRE will ask the arresting officer about the subjects behavior, driving, and appearance.
3. Preliminary Examination and First Pulse. This examination of the subject is to determine whether the driver is suffering from any medical conditions or injuries that may explain the behavior that led them to being pulled over. They will ask the subject what they ate, whether they have consumed alcohol or drugs, including prescription medications. The DRE will inspect aspects of the driver such as their speech, scent, and facial expressions. Their pulse will also be recorded during this beginning step.
4. Eye exam. The DRE will conduct an eye test, specifically looking for horizontal gaze nystagmus, which is when the eyes jerk erratically and do not focus.
5. Divided Attention Psychophysical Tests. “The DRE administers four psychophysical tests: the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.” You may recognize these as the same field sobriety tests given when someone is accused of drunk driving.
6. Vital Signs and Second Pulse. The subject’s vital signs such as a second pulse-check, blood pressure, and temperature will be taken.
7. Dark Room Examinations. The size of the subject’s pupils are measured.
8. Muscle tone examination. Some drugs can cause the body’s muscles to become more rigid. For this reason, the DRE will examine the tone of the subject’s muscles.
9. Check for Injection Sites and Third Pulse. The common spots where drug injections sites (such as the crook of the elbow) are checked, and the DRE checks the subject’s pulse for a third time.
10. Interview, statements, and other observations of the subject. If the subject has not been read their Miranda Rights, this is where it should be done. Further, the subject will be asked further questions about any drug use.
11. Evaluator analysis and opinion. This is the point when the DRE will offer their opinion on whether or not the subject is impaired, based on the information that was gathered through the previous steps.
12. Toxicological Examination. Finally, the scientific step of a toxicological examination is conducted, where chemical and other tests are administered, which can be used as (but is not required to be) admissible evidence.

Putting aside the mere concept of drug recognition experts, in a legal sense, it is critical that the DRE follows all of these steps. However, more often than not, steps are often skipped, which can lead to an unfair and unreliable accusation.

Why DREs are unreliable

There are several reasons why the use of drug recognition experts is unreliable for determining whether a person is guilty of being under the influence of drugs. A study done by the Department of Criminal Justice and Criminology of Washington State University brings to light the shortcomings of the DRE program. These shortcomings not only include incomplete evaluations, where DREs do not follow all 12 steps of their process, but also show a “lack of scientific and legal rigor.”

Attorneys in the study point out that they see DRE with incomplete evaluations far too often. One stated that when DREs have incomplete evaluations, it makes that drug recognition expert’s opinion invalid. Another pointed out that they have subpoenaed DREs before based on a step having been skipped or missed in the evaluation, creating a “basis for suppression.”
The lack of scientific evidence is obvious based on the fact that determining whether or not a subject is under the influence of drugs is dependent heavily on the opinion of a fallible human being. According to the analysis, “in terms of scientific rigor, defense attorneys noted that DREs were often wrong and unqualified to perform certain aspects of the evaluation. In terms of perceived accuracy of drug category calls made by DREs, one experienced private defense attorney stated that ‘half the time they are wrong, ha-ha, about the drug.’” [Emphasis ours] The attorneys in the analysis go on to state that the DREs often do not have the medical experience or knowledge needed for such a determination.

It’s clear that if you are ever arrested for driving while under the influence of a drug as determined by a drug recognition expert, you need a Knoxville drug crime defense attorney. We know that police officers are not always right in their arrests, and we know that they have certain rules and laws of their own that they need to follow in order to properly and legally conduct an arrest. If they do not follow those rules, then we cannot trust their opinion. You deserve fairness under the law. We at Banks & Jones are here to fight for you, and we Fight 2 Win. To speak with a competent drug crime defense lawyer at our firm, call 865-546-2141 or fill out our contact form.