Drug Recognition Expert [DRE] Training Standards

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EXECUTIVE SUMMARY

Since 1984, the National Highway Traffic Safety Administration (NHTSA) has supported the Drug Evaluation and Classification (DEC) Program. The program, which was initially developed by the Los Angeles, California, Police Department, was validated through both laboratory and field studies conducted by Johns Hopkins University. In 1987, the Highway Safety Committee of the International Association of Chiefs of Police (IACP) was requested by NHTSA to participate in the development and national expansion of the program. As the program has grown, it has become apparent that in order to ensure continued success, nationally accepted standards must be established. These standards, which establish criteria for the selection, training and certification of drug recognition experts, would help to ensure the continued high level of performance of the Drug Evaluation and Classification Program. In 1988, the National Highway Traffic Safety Administration asked the IACP and its Highway Safety Committee to develop this system of nationally accepted standards.

In March of 1989, the IACP and NHTSA sponsored a meeting at the Transportation Safety Institute in Oklahoma City, Oklahoma. Persons invited to this meeting included experienced drug recognition experts, instructors, curriculum specialists, toxicologists, prosecutors and training administrators. The participants met in working groups to reach consensus concerning the many issues relating to the Drug Evaluation and Classification Program and to develop recommended minimum standards to the Highway Safety Committee. The standards were drafted and presented to the committee for review at its midyear meeting in June 1989. In addition, the committee agreed to name a Drug Evaluation and Classification Technical Advisory Panel to assist and advise the committee concerning technical aspects relating to the operation of the program.

The Highway Safety Committee, by resolution, adopted the Interim National Standards of the Drug Evaluation and Classification Program. The standards were subsequently approved by the voting membership of the IACP. The standards were adopted on an interim basis pending the outcome of an evaluation of the effectiveness of the program to be performed by NHTSA. In October 1992, the standards were officially approved and adopted.

Presented in this document are standards specifying the requirements for certification and recertification of DREs and DRE instructors, standards for decertification and standards for agency participation. Also, for those agencies participating in the National Certification Program, a set of administrative guidelines are provided.

STANDARDS FOR CERTIFICATION AS A DRUG RECOGNITION EXPERT

The standards in this section specify the criteria which must be met prior to an individual's being certified as a drug recognition expert (DRE). These criteria outline the knowledge and skills required to be considered for training, as well as the knowledge and proficiencies required for final certification.

The currently approved curriculum involves a three-phase training process. Prior to beginning the training program, students are required to be trained in and demonstrate proficiency in the use of the NHTSA-approved standardized field sobriety tests, including the horizontal gaze nystagmus test. Phase I of the drug recognition training consists of a two-day (16-hour) preschool. During this preschool, students are taught the definition of the term "drug" as it is used in the Drug Evaluation and Classification Program, and become familiar with the techniques of the drug evaluation. Students also begin to learn the techniques and procedures for evaluating persons suspected of drug impairment.

Phase II of training is a seven-day (56-hour) classroom program during which students receive detailed instruction in the techniques of the drug evaluation examination as well as in physiology, the effects of drugs and legal considerations. Upon completion of this phase of training, the student must pass a comprehensive written examination before proceeding to Phase III of training, the field certification.

The field certification portion of training begins immediately following completion of the classroom training and is conducted at periodic intervals for the next 60 to 90 days. During this portion of the training, students, under the direction of certified instructors, evaluate subjects suspected of being impaired by drugs other than alcohol. After participating in and documenting the results of at least 12 drug evaluations and completing a comprehensive examination, the student is certified as a drug recognition expert.

1.1 In order to be considered for certification as a drug recognition expert, a person shall be in the employ and under the direct control of a public criminal justice agency or institution involved in providing training services to officers of law enforcement agencies.

Commentary : At the discretion of the agency head or administrator, and with the consent of the training body, other persons may audit or observe any or all portions of the DRE training. Persons attending the course as auditors or observers shall not be eligible for certification.

Persons pursuing certification as drug recognition experts for the purpose of instructing in the Drug Evaluation and Classification Program must meet all requirements for certification and recertification in order to maintain their standing as DREs or DRE instructors.

1.2 All DRE candidates must attend and complete the IACP/NHTSA DRE preschool or an IACP-recognized equivalent prior to progressing to Phase II, the DRE School.

Commentary : The drug evaluation process requires that the contribution of alcohol to observed impairment be determined or eliminated. The National Highway Traffic Safety Administration has developed, and the IACP has adopted, the Standardized Field Sobriety Test procedure in conjunction with immediate breath testing, as a means of identifying the alcohol-impaired driver. If the effects of alcohol are determined not to be the sole cause of impairment, the officer can begin the evaluation process to determine what other causes may be responsible.

In order to conform to the NHTSA model curriculum, SFST training must be at least 16 hours in length and include at least two controlled drinking sessions utilizing volunteer drinkers. In addition, the training must instruct students in the administration of the horizontal gaze nystagmus, walk and turn, and one-leg stand tests.

Each agency should ensure that candidates submitted for DRE training have had adequate time prior to beginning the training program to develop and to demonstrate proficiency in the use of SFST/HGN or allow for refresher training in these techniques as necessary.

1.3 Effective September 30, 1992, all DRE candidates must attend and complete the IACP/NHTSA-approved course of instruction in Standardized Field Sobriety Testing, or an equivalent curriculum approved by the IACP, and shall demonstrate proficiency in the use of Standardized Field Sobriety Tests, to the satisfaction of a DRE instructor, by the conclusion of the IACP/NHTSA DRE preschool or a school meeting Standard 1.2 above.

Commentary : Candidates attending school prior to the effective date must demonstrate proficiency or complete an approved course.

1.4 Prior to attending phase II of the DRE training, the candidate shall have met the learning objectives for phase I of the training program, the IACP-approved DRE preschool. The candidate shall be able to

1. Define the term "drug" as it is used in the DEC Program;
2. Name the seven drug categories identified in the DRE training program;
3. Measure vital signs, including blood pressure, pulse and body temperature;
4. Show familiarity with the 12-step drug recognition evaluation process;
5. Demonstrate proficiency in the administration of the Standardized Field Sobriety Tests, including Horizontal Gaze Nystagmus;
6. Show familiarity with the administration of the eye examinations, including pupil size, vertical nystagmus and lack of convergency.

These learning objectives are generally met through completion of Phase I, the DRE preschool. However, agencies have the latitude to determine the best means of ensuring that candidate DREs meet the prerequisites. The agency must verify, through the application process to the instructor responsible for delivering the training, that a candidate meets all requirements. Each candidate DRE will be required to demonstrate the knowledge and skills outlined.

Administrative guidelines and suggested application forms containing the necessary information will be provided by IACP staff to agencies and training institutions.

1.5 The candidate DRE must have experience in the preparation of comprehensive investigative reports and in providing detailed court testimony.

Commentary : The technical nature of the drug evaluation process and the need to provide detailed and accurate documentation of findings and conclusions require proficiency in the preparation of reports. Candidate DREs should have demonstrated the ability to investigate, document and prepare detailed reports of incidents such as major traffic accidents or criminal violations. In addition, DREs must be able to provide court testimony concerning their methods and results, as well as their training and qualifications.

1.6 The candidate DRE shall complete an approved classroom training course that shall, at minimum, achieve the learning objectives as stated in the IACP-approved training curriculum.

Commentary : The National Highway Traffic Safety Administration, in conjunction with the Los Angeles Police Department, has developed a classroom training course that, when completed, qualifies the student to proceed to the field certification portion of the training program. Because of differences in the type and level of training for officers in the detection of the impaired subject, agencies should determine the most effective means of providing classroom training in drug recognition. However, in order to maintain the credibility and integrity of the certification program, agencies that use a training program other than that currently approved by the IACP must have the alternative curriculum approved by the IACP Drug Evaluation and Classification Technical Advisory Panel as meeting learning objectives. In addition, the Drug Evaluation and Classification Technical Advisory Panel will be responsible for providing periodic updates and modifications to the IACP training curriculum.

1.7 All candidate DREs shall attend and complete all classroom portions of an approved DRE curriculum prior to progressing to Phase III (the field certification phase) of the training. This shall include satisfactorily completing all assignments and required examinations. Students shall not be permitted to "test out" of portions of the training, nor shall they be permitted to attend only those classes that they have not previously completed.

Commentary : Class sessions missed should be made up at the earliest possible time.

1.8 In order to satisfactorily complete the classroom portion of the training and proceed to field certification, candidate DREs must complete an IACP-approved final examination with a score of not less than eighty percent (80%). Candidates scoring less than 80% on the final examination may be retested one time, under the supervision of a certified DRE instructor. The retest shall be completed not less than 15 nor more than 30 days following the completion of the classroom training.

Commentary : Upon satisfactory completion of the examination, the candidate may then proceed to field certification. The examination used to retest the candidate shall be an IACP-approved examination and shall not have been administered to the candidate previously. If the candidate does not achieve a passing score on reexamination, the candidate must retake the classroom portion of the training and pass the knowledge examination before proceeding further in the certification process.

1.9 Upon completion of the field certification phase of training, the candidate must demonstrate the ability to conduct a complete drug evaluation in an approved sequence and appropriately document and interpret the results. The candidate must also be able to document the findings of the evaluation and demonstrate proficiency in interviewing techniques.

Commentary : One of the primary factors in the success of the Drug Evaluation and Classification Program has been the emphasis upon a standardized approach to the drug recognition process. The training stresses the importance of a systematic, structured approach to performing the drug evaluation. This includes completing all portions of the evaluation in the appropriate sequence. Upon conclusion of an evaluation, the DRE reviews the results of all tests, examinations and observations; documents the findings; and draws a conclusion based on the totality of the evidence.

1.10 To be considered for certification as a drug recognition expert, the candidate must satisfactorily complete a minimum of 12 drug evaluations, during which the candidate must encounter and identify subjects under the influence of at least three of the drug categories as described in the DRE training program.

Of the evaluations required for certification, the candidate shall administer at least six evaluations. The candidate may observe the remaining evaluations. Certification training evaluations will be conducted in accordance with the current procedures and guidelines established in the DECP training curricula.

All evaluations, either administered or observed, and documented for certification purposes, shall be supervised by at least one certified DRE instructor.

Commentary : Ideally, a drug evaluation will be performed by no more than two persons: the evaluator and one observer. At no time should more than four persons participate in an evaluation, as the results of the evaluation may be influenced by the distraction caused by a large number of persons observing the process.

1.11 Prior to completing the certification phase of training, the candidate DRE must demonstrate the ability to draw correct conclusions consistent with observed physiological signs and symptoms. In addition, the conclusions must be supported by the findings of a forensic toxicology laboratory. No candidate DRE shall be certified as a drug recognition expert unless blood, urine, or other appropriate biological samples are obtained and submitted from at least nine subjects whom the candidate DRE has examined for certification purposes. These may include subjects for whom the candidate DRE served as the examination recorder or observer as well as those subjects directly evaluated by the candidate DRE. Further, the candidate DRE cannot be certified unless the opinion concerning the drug category or categories affecting the subject is supported by forensic toxicological analysis 75 percent of the time. For purposes of this standard, a candidate DRE's opinion is supported if the toxicological analysis discloses the presence of at least one drug category named by the candidate DRE. In the event that the candidate DRE has concluded that three or more categories of drugs are involved, at least two categories must be supported by toxicology results.

Commentary : Successful and uniform application of this standard places important forensic toxicological requirements on the program. First, the blood or urine specimen must be obtained as soon as possible after the arrest so that the contents of the sample refer to the subject's status at the time of the offense. Second, the sample must be properly sealed, stored, transported to the forensic toxicology laboratory and analyzed in a timely fashion to maintain the integrity of the specimen. Third, the drug recognition examination should be conducted as soon as possible after the offense so that the results of the evaluation accurately refer to the subject's status at the time of the offense. Fourth, the laboratory should use its full powers of analysis and detection to attempt to identify each category named by a candidate DRE; in some cases this may require the laboratory to modify its routine screening and confirmation procedures. Finally, the laboratory must complete its report on the samples as soon as possible and provide a copy of the report to the arresting officer, DRE or candidate DRE submitting the sample. It is the submitting officer's responsibility to provide a report to each DRE or candidate DRE who participated in the evaluation.

Although the candidate DRE must complete a minimum of 12 drug evaluations (standard 1.10), standard 1.11 requires only 75 percent of those to include a biological sample. This allows for those cases in which a biological sample is unavailable, such as when a subject refuses or cannot provide one. In those cases when an evaluation is not supported by forensic toxicology, a certified DRE instructor should ensure that the candidate DRE's opinion was based on observable signs and symptoms consistent with the opinion.

1.12 Prior to concluding field certification training, the candidate shall satisfactorily complete an approved "Certification Knowledge Examination." The examination shall be administered and the results reviewed by at least one certified instructor. The examination shall only be administered after the candidate has completed no fewer than three drug evaluations.

Commentary : The "Certification Knowledge Examination" consists of a comprehensive written examination followed by a detailed interview with the reviewing instructor(s). As stated previously, certification is based on the evaluation by the instructor(s) of the skills and abilities of the candidate rather than on the completion of a specified set of tasks. The purpose of the examination and interview is to aid the instructor(s) in evaluating the candidate's qualifications, performance and general abilities.

The examination should be administered when, in the judgment of the reviewing instructor(s), the candidate has demonstrated proficiency in conducting, evaluating and documenting results of the drug evaluation process.

1.13 The candidate DRE shall complete the field certification phase of training within six months following completion of the classroom training, unless the time limit is extended by the agency DRE coordinator.

Commentary : Under normal circumstances, a candidate not completing field certification within the prescribed time period will be dropped from the program. However, a re-evaluation of the candidate's qualifications and the reasons for non-completion may be conducted by the agency DRE coordinator to determine whether or not circumstances exist that indicate that the candidate should continue in the program.

1.14 By the time the candidate DRE has completed field certification training, the candidate shall have prepared a resume that shall reflect the candidate's training and experience in drug recognition. The resume shall include a complete log of all evaluations in which the candidate has participated.

Commentary : In order to be accepted as a credible witness, the drug recognition expert must be able to document and articulate a body of information concerning training, qualifications and experience in the field of drug evaluation and classification. Toward this end, candidates are instructed in the importance and proper preparation of a professional resume.

1.15 When the candidate DRE has satisfactorily completed all requirements of the classroom and field certification portions of training, at least two certified DRE instructors who have observed the candidate during the field certification process will verify that the candidate meets all requirements for certification as a drug recognition expert.

Commentary : The certification process relies in large part on the judgment of the instructor(s) as to the abilities and performance of the candidate. Experience has shown that in many cases, particularly those in which a candidate's qualifications may be in question, the opinion of a second instructor as to readiness for certification is of value. In addition, the use of a second instructor to evaluate the candidate may overcome any bias, either for or against a candidate. For these reasons, each candidate be evaluated by at least two instructors prior to becoming certified as a drug recognition expert.

1.16 Following completion of certification requirements, copies of all documents, including test results, evaluation logs and drug evaluation reports shall be forwarded to an agency DRE coordinator. The DRE coordinator shall forward the names and copies of certification progress logs of the DREs to the appropriate state and/or national organizations for inclusion in their registers as certified drug recognition experts.

Commentary : The IACP/Drug Recognition Section staff shall maintain current listings of persons certified by agencies as drug recognition experts. Upon notification that a person has met all requirements, staff shall complete and forward to the individual a certificate of completion indicating that he/she meets all requirements of the Drug Examination and Classification Program as a drug recognition expert.

STANDARDS FOR CERTIFICATION AS DRUG RECOGNITION EXPERT INSTRUCTOR

Because of the highly technical nature of the functions performed by the drug recognition expert, only persons experienced in the techniques of drug evaluation should instruct in the Drug Evaluation and Classification Program. In general, these instructors will be certified drug recognition experts with experience in performing drug evaluations and in providing testimony in court in the area of drug recognition. However, persons who possess specialized skills or credentials may be utilized to teach certain parts of the training course as associate instructors. Dedicated, qualified instructors are critical to the continued success of the Drug Evaluation and Classification Program.

Certified instructors are responsible for observing, evaluating and verifying the performance of candidate DREs throughout the training and certification process. In addition, certified instructors must provide periodic update training to DREs already certified.

Also addressed in this section are standards for the use of instructor/trainers in the program. These individuals are responsible for the training of DRE instructors.

2.1 Only persons certified as drug recognition experts may be certified as DRE instructors.

Commentary : Persons not certified as DREs but who possess knowledge, expertise or credentials deemed valuable to the program may be designated as associate instructors for the Drug Evaluation and Classification Program. Persons who might be considered for such designation may include medical professionals, attorneys and others who possess knowledge in a designated field of expertise. Associate instructors must be familiar with the Drug Evaluation and Classification Program and fully conversant with the lesson plans for their assigned blocks of instruction. Classes taught by associate instructors shall be taught in cooperation with certified DRE instructors to ensure consistency.

Each associate instructor shall provide to the IACP staff a biographical sketch to be included in the national file of approved instructional staff. The biographical sketch shall include those segments of the training curricula that the associate instructor is qualified to teach.

2.2 Drug recognition experts desiring to become instructors in the Drug Evaluation and Classification Program shall make written application through and be recommended by their agencies as meeting all requirements to become instructors.

Commentary : The agency head shall verify to the training provider that a candidate instructor meets all prerequisites to enter DRE instructor training. Prerequisites may also include any state, local or agency requirements specified for instructors within the jurisdiction.

The IACP staff shall provide to requesting agencies the administrative guide and sample application forms for candidate instructors.

2.3 The candidate shall satisfactorily complete the IACP-approved Drug Evaluation and Classification Instructor Training Program, or an approved equivalent, which shall include both knowledge and practical examination of candidate instructors.

Commentary : This requirement does not preclude states or local jurisdictions from placing additional requirements on persons wishing to teach in the local law enforcement community.

2.4 Upon satisfactory completion of the IACP-approved classroom portion of training or completion of an equivalent program, the student shall be designated an assistant instructor for purposes of completing instructor certification. To complete instructor certification, the assistant instructor must

• Teach for a minimum of two hours in the classroom portion of an approved Drug Recognition training program; and
• Supervise the administration of no fewer than two drug evaluations performed by candidate DREs during certification training.

The assistant instructor's progress shall be monitored and evaluated by at least one certified DRE instructor.

Commentary : The National Highway Traffic Safety Administration has developed, and the IACP has adopted, a training curriculum for instructors in the Drug Evaluation and Classification Program. The learning objectives for this program emphasize specific techniques for teaching the specialized information contained in the drug recognition training program. Because agencies may differ in their specific requirements for instructors, particularly those involved in the Drug Evaluation and Classification Program, agencies wishing to use a training curriculum other than that utilized by the IACP may do so, provided that, upon completion of the training, the student instructor meets or exceeds the requirements set forth in these standards.

The Drug Evaluation and Classification Technical Advisory Panel shall be responsible for reviewing and evaluating alternative training programs submitted by agencies. Those programs meeting or exceeding the approved learning objectives for instructor training shall be deemed "equivalent."

2.5 Upon satisfactory completion of instructor training, copies of all documentation, including instructor progress logs, examination scores and instructor evaluations, shall be forwarded to the agency DRE coordinator. The agency DRE coordinator shall forward the names of certified DRE instructors and copies of instructor progress logs to the appropriate state and/or national organizations for inclusion in their registers as certified DRE instructors.

Commentary : The IACP/Drug Recognition Section staff will maintain current registers of persons certified as instructors in the Drug Evaluation and Classification Program. Upon notification that a person has met all requirements, the staff shall complete and forward to the individual a certificate indicating that he/she meets all requirements as a drug recognition expert instructor.

The administrative guidelines shall provide sample forms for necessary progress logs and certification documents.

2.6 All training sessions conducted as part of the Drug Evaluation and Classification Program shall be coordinated by a certified DRE instructor who has previously instructed, to ensure the proper conduct and delivery of the approved curriculum. All classes taught by associate or assistant instructors shall be supervised directly by a certified DRE instructor.

Commentary : To ensure that all training classes are conducted in accordance with applicable standards, it is recommended that the instructor coordinating the training program have a minimum of one-year experience as a drug recognition expert instructor.

2.7 An instructor trainer shall have demonstrated proficiency as an instructor.

2.8 An instructor trainer must be knowledgeable of and have audited all phases of the Drug Evaluation and Classification training program and must be fully conversant with the student and instructor manuals.

Commentary : An instructor trainer must demonstrate present evidence of the satisfactory completion of the NHTSA Instructor's Development Course or equivalent. Instructor trainers must be familiar with the Drug Evaluation and Classification Program and fully conversant with the lesson plans for their assigned blocks of instruction. Classes taught by instructor trainers shall be taught in cooperation with certified DRE instructors to ensure consistency.

Each instructor trainer shall provide, through the agency DRE coordinator to IACP staff, a biographical sketch to be included in the national file of approved instructional staff. The biographical sketch shall include those segments of the training curricula that the instructor trainer is qualified to teach.

The IACP/Drug Recognition Section staff will maintain current registers of persons certified as instructor trainers in the Drug Evaluation and Classification Program.

STANDARDS FOR RECERTIFICATION

A topic area not previously addressed by operating guidelines of the Drug Evaluation and Classification Program is that of recertification of drug recognition experts and instructors. As more agencies become involved in the program and as the programs in the pilot agencies mature, it is apparent that a system is needed to ensure that DREs and DRE instructors maintain proficiency. Just as the standards in the previous sections have outlined the criteria for original certification, standards are required to ensure that professional integrity is maintained throughout the system.

The standards in this section outline the requirements for periodic recertification of DREs and DRE instructors in the Drug Evaluation and Classification Program.

3.1 The following records concerning certification and recertification shall be maintained:

Individual DRE/	Copies of all drug evaluations
DRE Instructor	Evaluation logs
	Resume
	Certification and recertification progress logs
	Certificates
Agency DRE Coordinator	Copies of evaluation logs
	Certification progress logs
	Copies of certificates
	Instructor ratings and summaries of student critiques
	Records of classes taught by each
State DRE Coordinator and/or	Copies of evaluation logs (optional)
	Certification progress logs
IACP/Section Staff	File of certified DREs and instructors
	Recertification information

Commentary : Guidelines for the retention of pertinent records concerning the program operation help to ensure integrity of the program and provide valuable information for purposes of statistics and court verification of training. Other records as deemed appropriate by local agencies or certification commissions may be required of the individual DRE or agency DRE coordinator.

3.2 DREs shall be required to renew their certificates of continuing proficiency every two years. A one-year grace period following the lapse of certification may be allowed for those not meeting recertification standards. During the grace period, the DRE may be recertified without having to repeat the original certification process.

Commentary : All DREs currently certified will maintain currency. A rotating schedule of recertification will be established upon adoption of these standards by the IACP.

3.3 Agency DRE coordinators shall be notified of those DREs in need of recertification at least six months prior to the expiration of the certificates. The agency DRE coordinator shall forward to the IACP staff required documentation indicating the completion of recertification requirements. The staff will issue appropriate certificates when requirements are met.

3.4 A DRE shall demonstrate continuing proficiency by

• Performing a minimum of four (4) acceptable evaluations since the date of last certification, all of which shall be reviewed and approved by a certified DRE instructor and one (1) of which shall be witnessed by a certified DRE instructor. These evaluations may be performed on subjects suspected of drug and/or alcohol impairment or during classroom simulations; and
• Completing a minimum of eight hours of IACP recertification training since the date of the DRE's most recent certification, which may alternatively be presented in two sessions of no less than four hours, and which shall be consistent with any IACP standards for such training; and
• Presenting an updated resume and rolling log to the agency coordinator or his/her designee for review.

Commentary : The agency coordinator or his/her designee is responsible for maintaining the integrity of the program, and the agency coordinator, consistent with this responsibility, is encouraged to withhold recertification for, or refer for remediation, any DRE whose rolling log indicates an unacceptable level of accurate evaluations, as indicated by toxicology results.

3.5 When a DRE has completed all requirements for recertification, a certified DRE instructor shall verify to the agency DRE coordinator that minimum recertification requirements have been met.

3.6 A certified instructor shall maintain instructor certification so long as DRE certification is maintained.

Commentary : An instructor may be decertified for cause, such as for conducting substandard instructional programs, and still maintain certification as a DRE.

STANDARDS FOR DECERTIFICATION OF DRUG RECOGNITION EXPERTS AND INSTRUCTORS

The standards in this section outline the circumstances and procedures for decertifying individual DREs or DRE instructors. In order to ensure that standards of performance are maintained, a means of removing persons unable to meet those criteria of competence and professionalism from the roles of the program is needed. The final authority and responsibility for maintaining program standards rest with the agency and the agency DRE coordinator. It shall be incumbent upon the agency DRE coordinator to ensure that certified DREs meet approved standards for conduct and qualifications.

4.1 Decertification shall occur when a DRE or DRE instructor fails to meet minimum standards and requirements for certification, or demonstrates substantial unethical or unprofessional behavior that reflects adversely on the Drug Evaluation and Classification Program.

Commentary : All DREs are responsible for maintaining and forwarding to the agency DRE coordinator information regarding required training or experience. If such information is not provided in a timely manner, certification will lapse.

Local agencies and licensing/certification bodies may, at their discretion, establish certification and decertification criteria to conform with local laws or rules. Nothing in these standards should be construed to overrule local authority in establishing standards for the performance of officers in this area.

4.2 Requests for voluntary decertification will be honored when submitted by a DRE or DRE instructor to the section staff and with approval of the agency DRE coordinator.

4.3 Cases involving poor performance or inconsistent findings shall be referred to the agency DRE coordinator for investigation, recommendation and action.

4.4 Certification of a DRE shall not terminate as long as the DRE meets the requirements of Standards 1.1 and 4.1.

4.5 The agency, upon the recommendation of the agency DRE coordinator and with concurrence of the state DRE coordinator, shall initiate the decertification process against a DRE or DRE instructor. The agency coordinator shall inform the IACP/section staff of all decertification actions. The staff shall have the right to investigate any and all recommendations for decertification as it deems necessary or as directed by the section.

STANDARDS FOR REINSTATEMENT OF A DECERTIFIED DRUG RECOGNITION EXPERT

The standards in this section ouline the procedures for reinstating a previously decertified DRE and/or DRE instructor.

5.1 An individual can be reinstated as a DRE when the following conditions are met:

• The applicant must pass the 100-item exam (same as that given at the end of the DRE school, or the make-up exam) as witnessed by a certified DRE instructor, with a score of at least 80%.
• The applicant must complete four (4) hands-on drug evaluations within a one-year period from the date of request to be certified.

5.2 An individual can be reinstated as a DRE instructor when the following conditions are met:

• The applicant meets conditions 5.1 and is reinstated as a DRE.
• The applicant's eligibility and reinstatement as a DRE instructor is reviewed and approved by an agency and a state coordinator.

Commentary: In many instances, a DRE certification lapses through no fault of the DRE due to transfers, promotions, etc., and rectification requirements have not been met. In many cases a DRE may want to reapply DRE skills with a new assignment. IACP suggests that a written request for reinstatement to the program come from the applicant to the state coordinator, through the proper agency channels. A form is provided by the IACP to DEC state coordinators for the purpose of reinstatement. Agency and state coordinators are cautioned to conduct a thorough check on the cause of the applicant's decertification and reason for application for reinstatement.

STANDARDS FOR AGENCY PARTICIPATION

Since 1986, the National Highway Traffic Safety Administration has endeavored to expand the Drug Evaluation and Classification Program to jurisdictions outside the Los Angeles metropolitan area. In an effort to contain costs, ensure the most efficient use of resource and maintain a high probability of program success, NHTSA developed site selection criteria to be used in assessing potential suitability of pilot sites. Factors such as demographics, favorable legislation, agency operations and system support for the program were considered in evaluating potential pilot sites for the implementation of the Drug Evaluation and Classification Program.

It is recognized that law enforcement agencies, in considering the implementation of new traffic enforcement programs, must be aware of both short- and long-term costs that are involved. The Drug Evaluation and Classification Program requires that agencies commit considerable resources long term to the detection and apprehension of the drug-impaired driver in order for the program to achieve maximum results.

6.1 A DEC Program site should be a state, a political subdivision of a state, or a group of subdivisions.

Commentary : Experience has shown that a DEC Program will take firm root only if the resources to support the program are concentrated in a relatively small geographical area, such as a major city or county. Given that these new sites will begin operations with a small cadre of DREs, a community-focused DEC Program will allow the DREs to respond quickly to the location(s) where drug-impaired drivers might be taken for processing. By concentrating its forces, the program can ensure that a qualified DRE is available at any time or place needed. The concentrated focus of a community-based program allows the DREs ample opportunity to conduct evaluations and maintain skills at peak proficiency.

6.2 A proposed program site should be able to produce enough drug-impaired driving arrests to (1) justify the expense of training the DREs, and (2) provide enough evaluation opportunities for DREs to maintain proficiency.

Commentary : As a general rule, each DRE at a site should conduct at least one drug evaluation per week to keep skills at peak levels. In other words, a proposed site should be able to apprehend at least 50 drug-impaired drivers per year for each DRE. Studies indicate that 15 to 40 percent of the persons arrested for impaired driving are actually under the influence of drugs, either alone or in combination with alcohol. Thus, a site should produce between 350 and 500 DUI arrests annually per DRE to provide ample drug evaluation opportunities.

6.3 Prior to implementation of a DEC Program, a site must be located in a state with an implied consent law that

• Explicitly allows the chemical test sample to be analyzed to determine the presence and/or concentration of drugs other than alcohol;
• Explicitly indicates that the "consent" applies to multiple tests, i.e. that the person is "deemed to have given consent to a test or tests of blood, breath or urine"; and
• Empowers the arresting officer and/or the law enforcement agency to select the types of chemical tests to be taken, rather than giving the suspect the option of choosing the tests.

Commentary : It is pointless to evaluate drivers for drug-induced impairment unless those found to be so impaired can be prosecuted successfully. The requirements for multiple chemical tests are essential because both a breath test and blood or urine test are integral components of the drug recognition process. In addition to implied consent legislation, the effectiveness of DEC programs is greatly enhanced by legislation that

• Allows the fact of a suspect's refusal to submit to the chemical test to be introduced as evidence in court; and
• Makes it an offense to be under the influence of drugs, whether or not the suspect is operating a motor vehicle.

6.4. At least 80 percent of a participating agency's traffic law enforcement officers must be fully trained and proficient in the use of the NHTSA/IACP-approved standardized field sobriety tests, including the horizontal gaze nystagmus test.

Commentary : The agency's SFST training program should be consistent with the NHTSA/IACP model curriculum. In particular, the training must be at least 16 hours long and include at least two practice sessions with volunteer drinkers.

6.5 Participating agencies must maintain accurate and timely records of

• Alcohol and drug-related arrests and convictions;
• Alcohol and drug offense processing time;
• All drug recognition evaluations; and
• All toxicological examinations.

Commentary : In order to evaluate critically the effectiveness of the Drug Evaluation and Classification Program, at a minimum, the above records must be maintained. In addition to evaluation purposes, the records may prove beneficial in establishing program validity for court purposes.

6.6 Participating agencies must have the capability to establish centralized booking or processing of all DUI arrestees.

Commentary : The ideal situation is one in which all persons arrested for DUI are taken to a single location for processing. One or two DREs could then be stationed at that location to ensure prompt access to all suspects apprehended for drug-impaired driving. However, it is feasible for a jurisdiction to have a few centralized processing facilities as long as there are enough DREs to staff them adequately and enough DUI arrests to ensure that the DREs conduct frequent evaluations.

6.7 Each DUI arrest processing location must have adequate facilities for conducting drug recognition evaluations. These facilities shall include

• A room sufficiently large to permit unobstructed administration of the Standardized Field Sobriety Tests;
• A separate room that can be completely darkened for the eye examination;
• Storage space for test data forms, reference documents, blood pressure kits, etc;
• Access to breath testing equipment producing on-the-spot results; and
• Facilities and materials for collecting blood and/or urine samples.

Commentary : Because of the unique requirements of the DEC Program, it is sometimes more economical for several agencies within a site to share DUI processing facilities. Other desirable characteristics for a DUI processing facility include

• Adequate holding cells for arrestees;
• Separate interrogation and report writing areas that provide a private area away from the general prisoner population; and
• Testing facilities that are out of main traffic patterns and allow the drug evaluation process to be performed without interruption or distraction.

6.8 Participating agencies must have access to laboratories that are capable of identifying the presence of the most commonly abused drugs when these drugs are present in sufficient concentrations to produce impairment.

Commentary : Ideally, the laboratories will also be able to identify the concentration of these drugs. In any case, the accuracy of the chemical analysis should be consistent with state-of-the-art drug testing. In other words, screening tests are not sufficient; a jurisdiction should be able to produce a confirmatory analysis. Although either blood or urine samples are acceptable, it is best if the jurisdiction has the ability to test both.

6.9 All agencies interested in participating in a Drug Evaluation and Classification Program must have the following endorsements:

• The state governor's representative for highway safety;
• The chief elected official of each political subdivision to be included in the site;
• The commanding officer of each participating law enforcement agency;
• The administrative judge of each court that tries people arrested for DUI within the jurisdiction;
• The chief prosecuting attorney for each court in the jurisdiction; and
• Representatives of any other agencies that would be involved in covering the costs of developing and sustaining the DEC Program.

DRUG EVALUATION AND CLASSIFICATION PROGRAM ADMINISTRATIVE GUIDELINES INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE

At the request of the National Highway Traffic Safety Administration (NHTSA), the International Association of Chiefs of Police has agreed to develop certification standards and to administer the Drug Evaluation and Classification Program. Under these administrative guidelines, it will be the responsibility of the individual and the agency to ensure that specific requirements of the standards are met. The staff at the IACP will be responsible for maintaining records, issuing certificates of completion, coordinating certain training-related events and maintaining and updating training materials as required.

The following procedures have been developed by the staff of the International Association of Chiefs of Police for use by agencies participating in the Drug Evaluation and Classification Program and wishing to certify drug recognition experts (DRE) and instructors in their employ.

Obtaining certification from the International Association of Chiefs of Police as a drug recognition expert or DRE instructor ensures that an individual meets minimum requirements for training and experience as established by the IACP and the IACP Drug Evaluation and Classification Technical Advisory Panel. The Drug Evaluation and Classification Administrative Guidelines accompany the National Standards of the Drug Evaluation and Classification Program.

For the certification process to operate efficiently, it is recommended that coordinators at the agency and state levels be identified. The responsibilities of the coordinators may include reviewing the qualifications of the candidate DREs, supplying required documentation that minimum standards have been met, and maintaining individual and program records. The coordination functions may be performed by one person or may be divided among several persons, as operational needs demand.

1. NOTIFICATION OF CANDIDATE DRUG RECOGNITION EXPERTS

When an individual has completed all agency application requirements for admission for training as a drug recognition expert, the agency DRE coordinator shall provide the following information to the state coordinator:

1. Candidate's name
2. Mailing address
3. Sponsoring agency
4. Social security number
5. Verification that candidate has satisfactorily completed a NHTSA-approved course in Standardized Field Sobriety Testing

In addition, the agency DRE coordinator shall provide the above information to the agency or individual responsible for providing training to ensure that all students meet pre-requisites prior to the beginning of the training phase:

State program coordinators shall forward to the IACP staff the above information on all candidate DREs at the following address:

International Association of Chiefs of Police

Division of State and Provincial Police

515 Washington St .

Alexandria , VA 22314

The IACP staff will maintain records of all candidate DREs as they progress through the training and certification program.

2. OBTAINING IACP CERTIFICATION AS A DRUG RECOGNITION EXPERT

All candidates for certification by the IACP under the National DRE Certification Program must demonstrate completion of all requirements specified in Section I of the National Standards of the Drug Evaluation and Classification Program. Each candidate's progress toward meeting certification requirements shall be documented on the "Certification Progress Log," which shall be supplied to all agency DRE coordinators by the IACP staff. Each candidate shall be responsible for maintaining a certification progress log.

Completion of each step in the certification process shall be verified by the signature of at least one certified DRE instructor. Upon completion of all certification requirements, copies of the certification log shall be forwarded to the agency DRE coordinator and to the state program coordinator. The state program coordinator shall verify all information on the certification log and ensure that all entries are correct. The state program coordinator shall forward to the IACP staff a copy of each candidate's completed progress log.

Upon receipt of the completed certification log, the IACP staff shall ensure that all necessary information is complete and accurate. Upon verifying the information, the IACP staff shall forward to the candidate DRE a certificate of completion and an identification card signifying that the candidate has met or exceeded all requirements for certification as a drug recognition expert by the International Association of Chiefs of Police. The IACP staff shall notify the agency and state coordinators that the candidate meets all certification requirements. In the event that the candidate fails to meet all requirements for certification, notification will be sent to the individual with copies to the state and agency coordinators indicating the specific reasons(s) for non-qualification.

The IACP staff shall maintain a computerized database of all nationally certified DREs. Each record in the database will contain the following information:

1. Name
2. Social Security Number
3. Department/agency
4. Mailing address
5. Telephone number
6. Dates of all events specified on the progress log
7. Name(s) of instructors verifying completion of training events
8. Date certification is awarded

 

William C. Head, Senior Partner

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