You face the potential to have a Drug Recognition Expert evaluate you after you are arrested for a DUI. The supposition is that this expert, who is a regular Chester County cop or PA State Trooper who takes a class to get certified (without any medical training), It is used to detect if a person is under the influence of drugs.
It is a growing prospect from law enforcement to detect the ever-growing increase of DUI's by drugs (both illegal and prescription) which is driving the need for a Chester County DUI lawyer. The whole idea started with the less than savory LAPD. There is a protocol for the DRE, which includes the 12 steps of:
- Breath Alcohol Test: The arresting officer reviews the subject’s breath alcohol concentration (BrAC) test results and determines if the subject’s apparent impairment is consistent with the subject’s BrAC. If so, the officer will not normally call a DRE. If the impairment is not explained by the BrAC, the officer requests a DRE evaluation.
- Interview of the Arresting Officer
- Preliminary Examination and First Pulse
- Eye Examination
- Divided Attention Psychophysical Tests
- Vital Signs and Second Pulse
- Dark Room Examinations
- Examination for Muscle Tone
- Check for Injection Sites and Third Pulse
- Subject’s Statements and Other Observations
- Analysis and Opinions of the Evaluator
- Toxicological Examination : After completing the evaluation, the DRE normally requests a urine, blood and/or saliva sample from the subject for a toxicology lab analysis
I have so many problems with this seemingly medical analysis, performed by a person with no medical background and no relationship with a patient/defendant. For example, the DRE must test for muscle development, "The DRE examines the subject’s skeletal muscle tone. Certain categories of drugs may cause the muscles to become rigid. Other categories may cause the muscles to become very loose and flaccid." This is insane. They (the evaluator) have no idea what a person's muscle tone was before their stop. They are taking a stab in the dark and hoping to guess what a person is/is not on. Of course, being part of law enforcement, they are more than likely to conclude that a person is driving under the influence because they want to book another crime.
After the exam, the officer, frankly, guesses what they think the person is on. It is highly unreliable and certainly not a respectable examination. It is, as I have said, voodoo science.