DRUG RECOGNITION EVALUATION REVIEW

Evaluating whether a drug-impaired driving investigation supports the conclusions reached.

THE DRUG RECOGNITION EVALUATION

A Drug Recognition Evaluation is a systematic, standardized process used to evaluate suspected drug impairment. The evaluation consists of 12 steps and relies on observations made throughout the process, physiological measurements, divided-attention testing, eye examinations, interviews, and toxicology.

I review the complete evaluation to determine whether the protocol was properly administered, whether the observations and measurements support the conclusions reached, and whether the DRE’s opinion is consistent with the totality of the evidence.

THE 12-STEP PROCESS

The DRE protocol is designed so that observations made during different portions of the evaluation can be considered together. I review each step individually and in the context of the complete evaluation.

Particular attention is given to whether required examinations were performed correctly, whether physiological measurements were accurately obtained and interpreted, whether observations are internally consistent, and whether important findings were overlooked or overstated.

DRUG-CATEGORY OPINION

A DRE’s opinion should be supported by the observations documented throughout the evaluation. I compare the reported signs and symptoms, eye examinations, vital signs, psychophysical testing, pupil measurements, muscle tone, statements, and other observations with the conclusions ultimately reached.

I also examine whether findings that are inconsistent with the suspected drug category were adequately considered and whether the evidence supports an opinion of impairment, rather than simply the presence or use of a drug.

TOXICOLOGY

Toxicology results are considered alongside the evaluation rather than in isolation. The presence of a substance does not, by itself, establish that a person was impaired at the time of driving. I evaluate how the toxicology findings relate to the observations, reported symptoms, timeline, and DRE’s ultimate opinion.

WHAT I LOOK FOR

My review focuses on whether the observations, measurements, testing, and toxicology actually support the DRE’s conclusions. I distinguish meaningful deviations or inconsistencies from minor issues that do not affect the evaluation.

The ultimate question is not simply whether the DRE completed the 12 steps, but whether the evidence supports the opinion reached.