Police Department Policy

182

Hillsborough County Sheriff

Policy Text
Date: 07/27/01 Revision: 04/21/11 Reviewed: 12/01/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCED URE Number: GEN 510.051 Page: 1 of 4 SUBJECT: DRUG RECOGNITION EXPERT PROGRAM I. PURPOSE: The pur pose of this standard operating procedure is to define guidelines for the drug evaluation classification program. II. SCOPE: This procedure shall apply to all Sheriff's Office personnel. * III. DISCUSSION: The Drug Recognition Expert (DRE) i s part of the Sheriff’s Office effort to curb drug -impa ired driving. The objective of the program is to provide the field with certified experts who are capable of gathering evidence as necessary to subst antiate charges of being under the influence of dru gs in DUI cases. As a continuing practice and as deemed necessary, the Sheriff’s Office will train members to become certified Drug Recognition Experts. Personnel who have received approved National Highway Traffic Safety Administration (NHTSA) DRE train ing and International Association of Chief’s of Police (IACP) certification or recertification , may be considered an HCSO Drug Recognition Expert. * IV. DEFINITIONS: A. Drug Recognition Expert (DRE) - an individual who has successfully comp leted all phases of training requirements for certification established by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA). Agency members trained as DREs are trained to articulate im pairment and the category of drug(s) causing the impair ment through the use of a standardized and systematic 12 -step evaluation. As a result of the evaluation and other articulated evidence that may emerge during contact with the subject, a trained DRE ca n reach reasonable accurate conclusions concerning the drug category or medical conditions causing the impairment. Based on these conclusions, the DRE can request the collection and analysis of an appropriate chemical sample to obtain corroborative, scien tific evidence of the subject’s drug use. B. Driver - A person who operates or is in physical control of a vehicle. C. Drug - Any substance which, when taken into the human body, can impair a person's ability to operate a vehicle safely (Note: This is not necessarily a medical definition). Seven broad categories of drugs: 1. Central nervous system depressants: Alcohol, Barbiturates, Xanax, etc. 2. Central nervous system stimulants: Cocaine, Amphetamines, etc. 3. Hallucinogens: LSD, Ecstacy, etc. * 4. Dissociative Anesthe tics: PCP, Ketamine, etc. 5. Narcotics Analgesics: Heroin, Demoral, Percodan, Dilaudid, etc. 6. Inhalants: Glue, Aerosols, etc. 7. Cannabis: Marijuana GEN 510.051 04/21/11 Page 2 of 4 D. Drug Recognition Expert procedure - A systema tic, standardized method of examining the suspected impaired driver. E. Drug Recognition Expert Instructor (DRE Instructor) - Individuals who having been trained and certified as drug recognition experts, receive further training and experience instructin g within the drug evaluation and classification program . Certified instructors are responsible for observing, evaluating and verifying the performance of DRE candidates. F. Drug Recognition Expert Coordinator (DRE Coordinator) - A person designated withi n the office who is responsible for maintaining program records, ensuring maintenance of program standards, facilitating training, and certification sessions. G. Drug Evaluation - A process of systematically examining a person suspected of being under the influence of a drug, for the purpose of ascertaining w hat category of drugs is causing the person's impairment. H. Rolling Log (ENF) 314 - A log maintained by each DRE which documents all evaluations conducted, including opinions, toxicology results, and case dispositions. V. PROCEDURE: A. Persons arrested for driving under the influence and suspected of drug impairment, should be evaluated by a DRE. 1. A DRE should be contacted after a subject has been arrested for DUI (refer to SOP 510.05) and a subj ect's level of impairment is not consistent with the bl ood alcohol content (BAC) or when there is evidence of ingestion of drugs. If the BAC results are .08 or above, it is not necessary to contact a DRE. Per Florida Statute 316.193, the subject is presum ed to be impaired by alcohol if the BAC is .08 or above. It is not necessary to contact a DRE if the subject is uncooperative and not willing to participate in the evaluation process. * 2. A current listing of DRE phone numbers will be maintained and available by Hillsborough C ounty Sheriff's Office Communication Center, and/or Hillsborough County Sheriff's Office Central Breath Testing facility. A DRE will then evaluate the available information and determine w hether a response is necessary. 3. A timely response is critical because the effects of some drugs dissipate rapidly. The nearest available DRE should be contacted. * If a certified DRE is not available to respond for the evaluation, the arresting officer can consult a

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