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The Role of Drug Recognition Experts
The substance abuse culture has spawned a new category of law enforcement specialists called Drug Recognition Experts, or DRE´s. These are police officers who are extensively trained in drug recognition protocol. That’s a 12-step procedure that can pinpoint why a driver is impaired. DRE´s are called in when a subject´s performance on a field sobriety test isn´t consistent with his BAC, or when a driver fails a sobriety test but has no measurable blood alcohol content (BAC).
The DRE protocol uses a battery of tests to observe things like pupil size, eye movements, muscle tone, balance, and body temperature. Inevitable physiological markers of intoxication like these provide a scientific basis to establish impairment. Follow-up toxicology tests show that nearly 90% of the time the protocol permits DRE’s to even identify what types of substances caused the impairment. The seemingly endless list of possibilities includes every type of controlled substance imaginable. But it also includes fumes from typewriter correction fluid, air-conditioning refrigerant, felt tip markers, air freshener, and even cooking spray inhaled by "huffers."
On the other side of the ledger, the DRE protocol can also rule out substance impairment. An Oregon State Police DRE was recently consulted on the case of an apparently intoxicated commercial bus driver. The DRE trooper quickly determined that the driver was in fact having a diabetic reaction and dispatched her to an emergency room for treatment.
State and local law enforcement deployed one hundred and forty DRE’s in Oregon by year-end 1999. During that same year they conducted 1,124 evaluations of suspected drivers. Over a thousand were charged with DUII. Fortunately, over 90% of the impaired drivers were pulled over before they hurt anyone. The expert testimony of DRE’s in DUII cases has withstood appeals for convictions for impaired driving (see State of Oregon v. Debra Sampson for an example).
How to Deal with Drowsiness Warnings on Drugs
It´s easy to not drink and drive, or not to drive under the influence of recreational drugs. Just don´t.
But how does the prudent driver cope with the fact that so many prescribed and over the counter medications have warnings not to drive or to operate dangerous machinery? Does this mean that you shouldn´t ever drive whenever you´re taking a drug with a drowsiness label, even (yikes!) Advil? And what do you do if you have to take it for a week, or a month?
There´s no easy answer. Start by reading product labels and inserts carefully. Discuss sedation issues with your health care professionals. Be aware that some drugs may cause drowsiness in some people, excitability in others, and have no discernable effect on still others. A particular drug may even affect the same individual differently depending on variable factors such as dosage, whether a person is fatigued, or has taken it on an empty stomach. In some cases, a drug may be sedating only in the initial days of treatment. Experience taking a particular medication may offer a good clue whether it´s safe to take and drive.
However, people probably shouldn´t ever risk driving after taking tranquilizers, sleeping pills, or narcotics. Even in low doses they may cause impairment that may not be very obvious. Be especially cautious of drug interactions with these types of drugs, and mindful that even modest quantities of alcohol can really boost their sedative effect. The bottom line is that as prudent citizens, it´s our responsibility not to drive impaired for any reason. This applies whether drugs or alcohol causes the impairment, or for that matter even fatigue or cell phone use. Remember, the life you save may include your own.
Note: You may not drive "on the job", even in your own car, with restricted driving privileges. If you have an employee who obtains a "Hardship Permit" for work-related driving, you must notify DAS-RMD at (503) 373-7475 before allowing the employee to drive.
Spring 01, Vol. 14, No. 3
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