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A Drug Recognition Expert (DRE) is a law enforcement officer trained in a scientifically validated method to identify people whose driving is impaired by drugs other than, or in addition to, alcohol. All DREs follow the same 12 step procedure called a Drug Influence Evaluation (DIE), to purportedly determine which category of drugs is causing the driver to be impaired.[1]
If a DRE determines that a driver was too impaired to operate a vehicle in a safe manner, they will look for indications of the drugs suspected, by the common perceivable effects the drugs have on the human body.[2] There are seven categories of classifications a DRE is looking for, including; central nervous system depressants, CNS stimulants, dissociative anesthetics, cannabis, hallucinogens, inhalants, and narcotic analgesics.[2]
DREs often testify in court, where the term "expert" has important legal implications. The Traffic Resource for Judges [3] describes different approaches taken by state courts in how DRE evidence is admitted.
Different jurisdictions take a variety of approaches to DRE testimony. Some jurisdictions hold DRE protocol and evidence to be scientific evidence; some do not. Some jurisdictions permit DRE testimony to be introduced as expert testimony (usually under Rule of Evidence 702 or the equivalent in that state), while some jurisdiction require DRE testimony to be introduced as non-expert opinion testimony. Some jurisdictions analyze DRE testimony through the lens of Daubert, while other jurisdictions use the Frye analysis.
The acronym 'DRE' has been used to refer not just to the DRE officers, but also to the examination they perform, the "Drug Recognition Examination", or "Drug Recognition Evaluation." The confluence of acronyms leads to confusion, and the IACP now calls the evaluation done by DRE officers the "Drug Influence Evaluation", DIE.
DREs were developed by police officers from the Los Angeles Police Department in the early 1970s. The officers' drug recognition methods were officially recognized by the LAPD management in 1979, and adopted by the National Highway Traffic Safety Administration in the early 1980s.
Certification is issued by the International Association of Chiefs of Police (IACP).[4] To remain certified and in good standing, DREs must track their evaluations and enter the results into an online database.
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