Drug Recognition Expert (DRE).pdf

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 16.02 DRUG RECOGNITION EXPERT (DRE) Revised: new I. PURPOSE: The purpose of this directive is to define guidelines for the Drug Recognition Expert (DRE) Program. Certified Drug Recognition Experts are necessary to substantiate cha...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 16.02 DRUG RECOGNITION EXPERT (DRE) Revised: new I. PURPOSE: The purpose of this directive is to define guidelines for the Drug Recognition Expert (DRE) Program. Certified Drug Recognition Experts are necessary to substantiate charges of drug influence in DUI cases. II. POLICY: It is the policy of the Boca Raton Police Services Department to aggressively identify, arrest, and prosecute drivers who operate vehicles while under the influence of alcohol and/or drugs. Additionally, it shall be the policy of the Department to use a qualified Drug Recognition Experts to identify and successfully prosecute DUI suspects who have operated a motor vehicle in violation of law while under the influence of drugs or a combination of drugs and alcohol. III. DEFINITIONS: Drugs: For the purpose of the Drug Recognition Expert (DRE) Program, a drug is defined as “any substance, which when taken into the human body, can impair the ability of a person to operate a vehicle safely.” The drug can be legal or illegal. Drug Recognition Expert (DRE): An officer who has been specifically trained to evaluate and recognize intoxication caused by substance(s) other than alcohol. Drug Recognition Expert Coordinator: The Special Operations Section Lieutenant who serves as the liaison between the DREs and the DRE Regional Coordinator. IV. PROCEDURES: A. ARREST FOR DUI: 1. Once an officer has determined that sufficient probable cause exists to arrest the operator of a motor vehicle for driving while under the influence of an intoxicating beverage or drug and prior to requesting a response from a DRE, the officer should follow the procedures outlined in Departmental Standards Directive 62.100, Traffic Administration, Organization, and Law Enforcement. Effective: May 24, 2010 Revised: Drug Recognition Expert (DRE) SOP No. 16.02 Page 1 of 7 B. REQUESTS FOR DRE: 1. A DRE shall be notified and/or called out, with prior approval from the on-call Traffic Homicide Investigator (THI) sergeant or his/her designee, if the suspect is noncombative and cooperative and the following conditions occur: a. If the BAC is .000 but the subject is under arrest for DUI b. If the BAC is under a .08 and the impairment appears to be more than just alcohol induced, or c. Serious injury crashes and or traffic homicides in which the investigating officer believes that the suspect may be under the influence of alcohol and/or other drugs. 2. If the stopping officer believes there is drug impairment at the time of the stop during the normal on-duty hours of a DRE, the DRE will respond to assume the DUI investigation. Otherwise, the DRE shall respond to the Boca Raton Police Services Department if called out to conduct a drug influence evaluation. Special Operations callout procedures shall apply. C. OUTSIDE AGENCY REQUESTS: 1. A DRE may be called out by an outside agency, with prior approval of the Watch Commander and the on-call Traffic Homicide Investigator (THI) sergeant or his/her designee, under the following conditions: a. Subject is arrested for DUI. b. Subject provides a breath sample under .08 and/or there is evidence of drug influence. c. Subject is non-combative. 2. If a DRE receives a request directly from another agency, whether on-duty or offduty, the DRE shall contact the on-call THI sergeant or his/her designee and inform him/her of the request. If approved by the Watch Commander, the DRE shall respond to the applicable breath testing facility. 3. At the completion of the drug influence evaluation, the DRE shall complete a drug influence evaluation report and an Assist other Department report. D. DRE PROCESS: 1. A drug evaluation is a 12-step process that may only be conducted by a certified DRE. The process is as follows: a. Effective: May 24, 2010 Revised: Breath Test Results. Drug Recognition Expert (DRE) SOP No. 16.02 Page 2 of 7 b. Interview of Arresting Officer. c. Preliminary Exam: d. e. f. g. Effective: May 24, 2010 Revised: i. First Pulse ii. Medical Rule Out Eye Exams: i. Horizontal Gaze Nystagmus ii. Vertical Gaze Nystagmus iii. Lack of Convergence. Divided Attention Tests: i. Romberg Balance ii. Walk and Turn iii. One Leg Stand (both legs) iv. Finger to Nose. Vital Signs: i. Second Pulse ii. Blood Pressure Darkroom Exam: i. Room Light ii. Near Total Darkness iii. Direct Light iv. Reaction to Light. h. Muscle Tone Exam. i. Injection Site Exam and Third Pulse. j. Suspect Statement/Miranda Warnings. k. Opinion of DRE. Drug Recognition Expert (DRE) SOP No. 16.02 Page 3 of 7 l. V. Toxicology. RESPONSIBILITIES: A. The DRE shall have the following responsibilities: 1. The DRE shall be responsible for conducting every drug evaluation in a standardized and systematic method as prescribed by the NHTSA to ensure that the 12step process is strictly adhered to. 2. The DRE shall maintain a current activity log, which will be subject to inspection by the DRE Coordinator and/or the Regional Coordinator. 3. The DRE shall maintain an up-to-date resume, which shall be provided to the DRE Coordinator upon request. 4. The DRE must conduct a minimum of four drug influence evaluations within a two-year period and one of the four must be under the supervision of a certified DRE Instructor as per NHTSA Guidelines. 5. The DRE shall prepare clear and concise evaluations. 6. The DRE shall ensure that every box is completed on the drug evaluation form with the appropriate information. 7. The DRE shall submit a copy of every evaluation to a supervisor for approval. The original report shall remain with the DRE and shall be filed in his or her activity log. VI. PROTOCOL: A. The DRE shall follow the following protocol on each evaluation: 1. The DRE should contact the arresting officer by phone prior to responding to the requested location. The DRE should conduct a brief interview with the arresting officer to determine if a medical rule-out is necessary or whether the arrested subject is under the influence of drugs. No DRE should be called out for another agency if the BAC is over .08 unless exigent circumstances dictate otherwise. 2. When a DRE finds that a subject is “not impaired” at the time of the evaluation, but can determine that the subject may have been under the influence of a drug immediately prior to conducting the evaluation, the report shall reflect under the opinion section of the narrative that the subject is “Not impaired at this time, however, the subject displays signs of having used drugs recently.” 3. Whenever a DRE is called out to perform a drug evaluation and the DRE determines that the subject is not impaired, the DRE will not terminate the evaluation Effective: May 24, 2010 Revised: Drug Recognition Expert (DRE) SOP No. 16.02 Page 4 of 7 process. The DRE must complete the evaluation and include in his or her opinion that the subject is not impaired. Exceptions to terminating the evaluation early are limited to: a. When the impairment is due to a medical condition that is requiring medical attention at that time. b. The subject becomes violent and poses a threat sufficient to require the abandonment of the process. c. Any other emergency that the DRE feels should cause the evaluation process to stop. 4. In consideration of officer safety, at least two officers (the DRE and a second officer) will be present when a drug evaluation is being conducted. 5. Prior to commencing the evaluation, the DRE shall conduct a screening of the subject to be tested to ensure the impairment is not due to a medical condition. 6. The drug influence evaluation will not be videotaped. 7. Drug evaluations shall be conducted in the Palm Beach County Detention Facility, if feasible. Drug evaluations may be conducted at checkpoint locations/other agencies, as long as the DRE protocol is maintained. 8. If the subject’s systolic blood pressure exceeds 200 mmHg or the diastolic pressure drops below 50 mmHg, the DRE must request EMS respond and evaluate the subject. 9. If the subject’s heart rate exceeds 150 BPM or drops below 50 BPM, the DRE shall request EMS respond and evaluate the subject. VII. ISSUED EQUIPMENT: A. The DRE shall normally be issued the following items in his/her training class. However, if the DRE was not issued such equipment, or the equipment needs replacement, the Department will provide the items. 1. Pen Light 2. Two Sphygmomanometers (BP Cuff) a. Adult Large b. Adult Small or Pediatric. 3. Thermometer with Probe Covers 4. Stethoscope Effective: May 24, 2010 Revised: Drug Recognition Expert (DRE) SOP No. 16.02 Page 5 of 7 VIII. 5. Ski Light (Magnifying Glass with Light) 6. Pupilometer. TRAINING AND CERTIFICATION: A. The DRE shall be responsible for participation in DUI Checkpoints and events sponsored by this agency, as well as in nearby jurisdictions. 1. The DRE must receive a minimum of eight hours of training per year. The training is offered at the Drug and Alcohol Symposium, sponsored by the Institute of Police Technology and Management (IPTM) annually. 2. All DUI Checkpoints sponsored by this agency shall have an on-duty DRE for the event. Exceptions to this requirement will only be approved for the following reasons: a. Previously scheduled vacation b. Illness or family emergency c. Previously scheduled training d. Minimum staffing. 3. A DRE may be decertified if he/she does not meet the requirements for recertification, or is not conducting the evaluations in the manner prescribed by training. Any request for decertification of a DRE must be sent through the bureau commander and/or the Regional Coordinator. 4. A DRE may voluntarily resign from the program by completing a memo to the bureau commander who shall then forward it to the Regional Coordinator for the decertification process. IX. DRE COORDINATOR RESPONSIBILITIES: A. The DRE Coordinator shall have the following responsibilities. 1. The DRE Coordinator reports to the Regional Coordinator and acts as a liaison between the DREs and the Regional Coordinator. 2. The DRE Coordinator reviews all drug influence evaluations for completeness, accuracy and legibility. Effective: May 24, 2010 Revised: Drug Recognition Expert (DRE) SOP No. 16.02 Page 6 of 7 3. The DRE Coordinator shall be responsible for any other duties that may arise. Approved: Daniel C. Alexander Chief of Police Effective: May 24, 2010 Revised: Date: Drug Recognition Expert (DRE) SOP No. 16.02 Page 7 of 7