Drug Recognition Evaluations in Minnesota DWI Cases
In Minnesota, when law enforcement officers suspect that a driver may be under the influence of drugs, they can administer a drug recognition evaluation. This evaluation takes place after the driver has been arrested, distinguishing it from field sobriety tests, which are typically conducted prior to arrest. The primary goal of the drug recognition evaluation is to determine if the driver is impaired by drugs and to identify the specific substances involved. However, not just any officer can conduct these evaluations; they must be certified as Drug Recognition Evaluators, often referred to as Drug Recognition Experts (DREs). If you are facing a drug related DWI charge, make sure you consult with a Minnesota DWI Lawyer and also one who is a Board Certified Criminal Law Specialist.
“Drug Recognition Evaluators like to call themselves experts but they aren’t. They aren’t doctors, nurses or other medical professionals and they have no special license to make these decisions.”
The History of the DRE Program
The Drug Examination and Classification Program, developed by the National Highway Traffic Safety Administration (NHTSA) in partnership with the International Association of Chiefs of Police (IACP), has its roots in a program initiated by the Los Angeles Police Department. This program was designed to provide law enforcement with a structured protocol for identifying drivers impaired by drugs. The guidelines for this evaluation process are outlined in the NHTSA manual titled "Drug Evaluation and Classification Training Program: The Drug Recognition Expert School." Since its introduction in Minnesota in the 1990s, the DRE program has been utilized to assess drug impairment in drivers.
Law Enforcement Officers as Drug Recognition Evaluators
Officers who conduct drug recognition evaluations must complete a rigorous training program and obtain certification as a DRE. The training consists of 72 hours of classroom instruction followed by on-the-street practical experience, divided into three phases:
Phase 1 (Preschool): Officers gain proficiency in standardized field sobriety tests and become acquainted with the components of the drug recognition evaluation.
Phase 2 (Classroom): Training focuses on evaluation techniques, understanding the effects and categories of drugs, report writing, and courtroom testimony.
Phase 3 (Field Certification): Trainees shadow a certified DRE instructor, observe six evaluations, and conduct six evaluations themselves. Officers are required to re-certify every two years to maintain their credentials.
Given that the percentage of DRE-certified officers can be low, especially in certain areas, arresting officers may often call in a DRE to perform the evaluation.
Components of the Drug Recognition Evaluation
Typically conducted at a police station after an arrest, the drug recognition evaluation involves a comprehensive 12-step assessment. Many of these steps may replicate tests performed earlier in the process. The steps include:
Breath Alcohol Test
Interview of the Arresting Officer
Preliminary Examination and First Pulse
Eye Examination: Horizontal Gaze Nystagmus, Vertical Nystagmus, and Lack of Convergence
Divided Attention Psychophysical Tests: Modified Romberg, Walk and Turn, One Leg Stand, Finger-to-Nose
Vital Signs and Second Pulse
Pupil Size: Reaction to Light and Rebound Dilation
Muscle Tone
Injection Sites and Third Pulse
Subject’s Statements and Other Observations
Analysis and Opinions of the Evaluator
Toxicological Examination: Blood and/or Urine Sample
Concerns Regarding Drug Recognition Evaluations
Despite their intended purpose, drug recognition evaluations have significant limitations. Evaluators may fall victim to confirmation bias, seeking evidence that supports their initial assumptions rather than objectively assessing the situation. Furthermore, some components of the evaluation do not directly correlate with drug impairment. The protocols have not undergone thorough critical peer review, and validation studies have indicated that these evaluations can produce false positives and false negatives.
Trust Jack Rice Defense for Your DWI Case
At Jack Rice Defense, we understand the complexities surrounding drug recognition evaluations and have extensive experience in defending cases where these assessments were utilized. If you are facing drug-related DWI charges, our skilled attorneys are prepared to advocate for you. To discuss your case during a no-cost phone consultation, please fill out our CONTACT FORM or call us at 651-447-7650 or 612-227-1339. Your job, career, reputation, and future are too important to leave to chance—let Jack Rice Defense stand by your side.