A drug recognition expert (DRE) attempts to assess the impairment level of drugged driver impairment. They receive certification through the International Association of Chiefs of Police (IACP)-certified police. DREs must also determine the type of substance used by following a 12-step testing protocol.
Mora County DUI attorney, Marc A. Grano, offers more details about DREs, including training received, testing procedures, New Mexico’s drugged driving laws, and challenging DRE opinions in court. Grano Law Offices, P.C. wrote this post for people considering their legal options after an arrest or concerned loved ones.
Certified Drug Recognition Expert Training
A DRE candidate must complete a Standardized Field Sobriety Test (SFST) administration course before enrolling in a Drug Evaluation and Classification (DEC) training program.
Here is an overview of what this training entails:
- Phase 1. DRE Pre-school (16 Hours): Hopeful DREs learn evaluation protocols, major drug categories, and sobriety test administration proficiencies.
- Phase 2. DRE School (56 Hours): Enrollees study drug evaluation processes and receive in-depth instruction on each drug category and combination. They also prepare for case preparation and court testimony and must pass a written exam.
- Phase 3. Final Exams and Field Training: (Approximately 40 – 60 hours.) Candidates must also administer at least a dozen drug evaluations under DRE instructor supervision. To become a DRE, a candidate must pass the final exam, receive approval from two DRE instructors, and correctly identify individuals under the influence of three different drug categories.
If they complete all three phases successfully, the officer receives DRE certification signifying they have met the minimum requirements. Police precincts, stations, and units can call upon them to perform drugged driving evaluations after receiving legal permission and authorization to serve in that capacity.
The 12-Step Drug Recognition Expert Protocol
The 12-Step DRE protocol is a standardized method of assessing the impairment of a drive suspect to be under the influence of drugs (versus alcohol). The DRE evaluation is standardized because, ideally, each drug recognition expert administers it to each suspect in the same way uniformly and throughout the United States. For example, they follow the same process in New Mexico for evaluating someone in Colorado.
Every responding DRE seeks to answer the following questions utilizing the 12-step protocol:
- Is the driver impaired?
- Is the impairment due to drug use or a medical condition?
- What drugs or drug classifications cause the impairment?
Officers typically use this examination when they suspect a driver is intoxicated. However, the driver passes a breath test and is thus cleared of any potential alcohol-related charges. The certified DRE examination is used in drug-related DUI/DWI charges in New Mexico as evidence against you.
Below, we have outlined these 12 steps in detail so that you can see what protocols to which they must adhere:
Step 1. Submit to a Breath Alcohol Test
The responding officer tests your breath alcohol concentration (BrAC) test results and determines whether their impairment corresponds. If the BrAC cannot identify impairment, the responding officer’s next step is to request a DRE evaluation. All licensed drivers in New Mexico must submit to a breath test upon officer request under NMSA § 66-8-107, also known as the Implied Consent Act.
Step 2. Interview the Responding Officer
The DRE begins their investigation by reviewing your BrAC test results and speaking with the on-scene officer about the circumstances of the arrest. They will also ask about your behavior, appearance, and driving behaviors.
Step 3. Launch a Preliminary Examination and Check First Pulse
The DRE performs a preliminary examination to determine whether you suffer from an injury or another non-drug-related condition. They will address standard questions about health, food consumption, beverage consumption, and currently prescribed medications. During this step, the DRE will check your pulse and note the results.
Step 4. Perform an Eye Examination
The DRE will then perform a series of tests, including the horizontal gaze nystagmus (HGN), vertical gaze nystagmus (VGN), and lack of convergence.
Step 5. Carry Out Divided Attention Psychophysical Tests
The four psychophysical assessments that the DRE administers are the Modified Romberg Balance, Walk and Turn, One Leg Stand, and Finger to Nose test.
Step 6. Take Vital Signs and Second Pulse
The DRE measures pulse, blood pressure, and temperature. They will record this information to use as evidence against you later if arrested.
Step 7. Administer a Dark Room Examination
The DRE determines the size of your pupils under three different lighting conditions using a measuring instrument known as a pupilometer. The DRE will use the instrument to decide whether or not they are dilated, constricted, or normal.
Step 8. Issue a Muscle Tone Test
The DRE evaluates your muscle tone. Several medications and illegal drugs could cause muscle rigidity, whereas some drug classes can make muscles extremely slack and flaccid. Either observation could signify that you have an intoxicating drug in your system.
Step 9. Look for Injection Sites and Take Third Pulse
The DRE will examine your body for injection sites, which could indicate recent drug use. They will take your pulse a third and final time.
Step 10. Make a note of Your Statements and Other Observations
At this point, the DRE may suspect you are under the influence of drugs. If the Miranda warning has not previously been read, the DRE will read it and then question you about your drug use. It is critical to politely decline their questions and request to speak with an attorney.
Step 11. Provide a DRE Analysis and Opinion
Based on the evaluation results, the DRE evaluates whether you are driving under the influence of drugs. If the DREs believe you are impaired, they attempt to identify the drug category or categories that may have contributed.
Step 12. Finalize the Toxicological Examination
One or more chemical tests may provide admissible scientific evidence to support the DRE’s opinion that makes up the toxicological examination. However, it is also worth pointing out that nothing about or within the DRE protocol is unique or novel. Physicians have used this approach for decades in attempts to identify and diagnose alcohol and drug-induced impairment.
Challenging DRE Opinion After a Drugged Driving Arrest
People arrested for Driving Under the Influence of Intoxicating Liquor or Drugs per NMSA § 66-8-102 can challenge the DRE’s opinion as part of their criminal defense. Grano Law Offices, P.C. founder, Marc A. Grano, aggressively represents DUI matters throughout New Mexico. He also possesses the training and experience necessary to execute a viable defense against HGN, VGN, psychophysical, and muscle tone examinations, even for marijuana and prescription drug DUIs.
Marc also has advanced training in the instruction of DRE certification, instruction of Advanced Roadside Impaired Driving Enforcement (ARIDE), serves as the State Representative of the American Association of Premier DUI Attorneys (AAPDA), and has successfully completed the DWI Detection & Standardized Field Sobriety Testing Course which is recognized by the National Highway Traffic Safety Administration (NHTSA). Our firm also has access to expert witnesses and investigatory techniques that meet the most demanding case needs. If you want to mount a strong defense against the DRE used to arrest you, consider discussing your legal options with Grano Law Offices, P.C.
Get Your Free Case Strategy Session (Phone, In-Person, & Remote)
Grano Law Offices, P.C. welcomes you to contact us for more personalized information if you were arrested for drugged driving in New Mexico. Call (505) 426-8711 or message us below to schedule your Free Case Strategy Session with a DUI/DWI defense attorney. Let us know if you prefer to meet by phone, in person, or remotely via secure video conference. We will gladly make the arrangements.
