Driving While High in Minnesota? DRE Protocols - Science? A Flip of the Coin? or Utter Nonsense?
Have you been arrested for driving under the influence? Because of Marijuana? Prescription drugs? Others? In a recent expose on Drug Recognition Evaluators and arrests for driving under under the influence of drugs, “Police Say They Can Tell When You Are Too High to Drive. Critics Call it Utter Nonsense,” journalists from around the country delved deeply into DREs, the amount of money being invested in them nationwide, where they come from, who uses them and just how reliable they really are. The debate is a critical one because police officers, who are not medical professionals in any sense of the words, and can’t even be considered “experts” here in Minnesota, are using pseudo-science to argue the can determine things that some real scientists say isn’t the case. If you are facing an arrest for driving under the influence of drugs in Minnesota, including marijuana, make sure you consult with an experienced Minnesota DWI Defense Attorney.
“Just because the police claim to know something doesn’t mean they do.”
If you are stopped for driving while impaired, the officer may ask you a few questions, ask you to do some field sobriety tests, an horizontal gaze nystagmus test, a walk and turn test and a one leg stand test. He will then have you blow into what is called a preliminary breath test (PBT). If for some reason they believe that you are more intoxicated than is reflected in the PBT, they will likely call for a Drug Recognition Evaluator. The purpose of this evaluator is to run you through a battery of so-called tests to determine if you are under the influence of drugs and even what kind of drugs.
Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.
According to the International Chiefs of Police:
The DRE protocol is a standardized, systematic approach for evaluating a suspect suspected of Driving Under the Influence of Drugs (DUID). Its purpose is to determine: (1) if the suspect is impaired; (2) whether the impairment is due to drugs or a medical condition; and if drugs are involved, (3) which category or combination of drugs might be causing the impairment. This method is systematic because it relies on a comprehensive set of observable signs and symptoms that are proven indicators of drug impairment.
The DRE evaluation is standardized, meaning it is performed consistently by trained drug recognition experts across different suspects whenever feasible. Below is the 12-step process law enforcement uses here in Minnesota to make that determination.
The 12-Step DRE Protocol
DREs follow a 12-step process to assess DUID suspects:
Breath Alcohol Test
The arresting officer reviews the suspect's breath alcohol concentration (BrAC) results to see if the observed impairment aligns with the BrAC. If the BrAC does not explain the impairment, a DRE evaluation is requested.Interview of the Arresting Officer
The DRE begins by examining the BrAC results and discussing the circumstances of the arrest with the arresting officer, inquiring about the suspect’s behavior, appearance, and driving.Preliminary Examination and First Pulse
The DRE conducts a preliminary exam to rule out injuries or conditions unrelated to drugs. This includes asking standard health-related questions and observing the suspect’s attitude, coordination, speech, breath, and facial features. The DRE checks pupil size, eye tracking, and looks for horizontal gaze nystagmus (HGN), taking the pulse for the first time. If a significant medical condition is suspected, the DRE will seek immediate medical help; otherwise, the evaluation continues.Eye Examination
The DRE checks for HGN, vertical gaze nystagmus (VGN), and any lack of convergence in the suspect's eyes.Divided Attention Psychophysical Tests
The DRE administers four psychophysical tests: Modified Romberg Balance, Walk and Turn, One Leg Stand, and Finger to Nose.Vital Signs and Second Pulse
The DRE measures the suspect’s blood pressure, temperature, and pulse.Dark Room Examinations
The DRE uses a pupilometer to assess pupil size under different lighting conditions to determine whether they are dilated, constricted, or normal.Examination for Muscle Tone
The DRE evaluates the suspect's skeletal muscle tone, noting if the muscles appear rigid or excessively loose, which can indicate certain drug categories.Check for Injection Sites and Third Pulse
The DRE looks for injection sites that might suggest recent use of specific drugs and takes the suspect's pulse for the final time.Subject’s Statements and Other Observations
The DRE typically reads the suspect their Miranda rights, if not done previously, and asks questions about drug use.Analysis and Opinions of the Evaluator
After evaluating all the evidence, the DRE forms an opinion on whether the suspect is impaired and identifies potential drug categories contributing to that impairment.Toxicological Examination
This involves chemical testing that provides additional scientific evidence to support the DRE’s findings.
The DRE protocol is not new; it incorporates techniques that medical professionals have used for decades to identify and assess impairment due to alcohol and drugs.
“Many of these tests are standardized which means if the police don’t do them exactly correct, they are junk.”
The article, “Police Say They Can Tell When You Are Too High to Drive. Critics call it Utter Nonsense,” is a fascinating read for those of us who do this for a living and also for all of us who face the possibility of a false arrest because officers actually believe what they are being told and what they are being taught. This is even more true now here in Minnesota because of the essentially legalization of cannabis and the fiction perpetuated that THC in your system means that you are under the influence as a result.
If you are facing DWI charges for drugs or cannabis here in Minnesota, make sure you consult with an experienced Minnesota DWI Defense attorney who is well versed in the protocols as well as the science or lack thereof. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When you job, career, reputation and life are on the line, make sure Jack Rice Defense is by your side.
Jack is a nationally recognized and award winning criminal defense lawyer, awarded Among the Best Criminal Defense Lawyer of 2024, Minnesota Super Lawyer for 2023, Among the Best Lawyers of 2022, winner of the Minnesota Attorney of the Year Award for 2021 and founder of Jack Rice Defense. He was awarded the Professional Excellence Award from the MSBA for 2020, and is an MSBA Board Certified Criminal Law Specialist. He is also a former Prosecutor and a former U.S. Central Intelligence Agency Officer. This St. Paul Criminal Defense Lawyer has decades of experience successfully representing thousands of clients facing everything from Sex Crimes, Child Pornography, Domestic Assault to DWI to Murder to other serious criminal charges.