Drug Recognition Expert
Contents
What is a Drug Recognition Expert?
A Drug Recognition Expert, or DRE, is a specially trained police officer who can identify if someone is impaired by drugs other than, or in addition to, alcohol. DREs are able to recognize the signs and symptoms of drug impairment, classify the category of drugs causing the impairment, and provide expert testimony in court.
How does someone become a DRE?
Becoming a DRE involves intensive training, including a 3-phase certification program with both classroom and field training. The program was developed in the 1970s by the Los Angeles Police Department when officers noticed many drivers arrested for DUI had low or zero alcohol levels, making them suspect drugs were involved.
To qualify, officers first complete a 2-day pre-school covering basics of drug impairment. Next is a 7-day classroom program covering physiology, vital signs, drug categories, and the 12-step DRE protocol. Finally, certification requires completing a minimum of 12 supervised drug evaluations. Recertification is required every 2 years.
What’s the DRE 12-step evaluation process?
When evaluating a driver, the DRE follows these 12 steps:
- Breath alcohol test
- Interview of arresting officer
- Preliminary examination
- Eye examinations
- Divided attention tests
- Vital signs
- Dark room exams
- Muscle tone assessment
- Injection site exam
- Suspect interview
- Opinion of evaluator
- Toxicology sample
By following this standardized process, DREs can systematically determine if the driver is impaired, whether it’s due to drugs or a medical condition, and then classify the drug category causing impairment.
How accurate are DRE evaluations?
Studies on DRE accuracy have shown mixed results. A widely cited 1994 validation study found DREs correctly identified the drug category in 87% of cases where drugs were present. However, DREs also “falsely identified” drug presence in 16% of sober cases.
Critics argue the 12-step protocol is not scientifically validated. They also question DREs abilities to distinguish medical conditions from drug impairment and argue the drug matrix is subjective.
Supporters claim the program has undergone extensive field validation and note DREs have higher accuracy rates than other methods for identifying drugged drivers. They say DRE evidence can be challenged but is an important tool given limitations of toxicology testing.
What drug categories do DREs use?
DREs categorize drugs into 7 classes:
- CNS depressants (alcohol, barbiturates, tranquilizers)
- CNS stimulants (cocaine, methamphetamine, caffeine)
- Hallucinogens (LSD, mescaline, psilocybin)
- Dissociative anesthetics (PCP, ketamine, DXM)
- Narcotic analgesics (heroin, morphine, oxycodone)
- Inhalants (toluene, gasoline, paint thinner)
- Cannabis (marijuana, hashish)
DREs are trained to recognize the signs and symptoms associated with each drug category. For example, horizontal gaze nystagmus is linked to depressants, while dilated pupils may indicate stimulant use.
What’s the role of DREs in court?
DREs provide expert testimony about their evaluations. Their testimony addresses whether the driver was impaired, the category of drugs causing impairment, and the evidence leading to their conclusion.
Defense lawyers often challenge DRE qualifications, examination methods, and accuracy rates. But many judges have upheld DRE testimony as relevant and reliable if the proper foundation is laid.
DRE evidence can be especially important in cannabis DUIs. With no per se limit for THC, prosecutors rely on DRE observations to show impairment versus just presence of the drug.
As drugged driving increases, DRE evaluations provide a systematic process for identifying these drivers. But debate continues around the subjectivity and scientific validity of the DRE protocol. Law enforcement, lawmakers, courts and the research community continue working to enhance the program’s methods, training, oversight, and integration with toxicology.