There’s no blood, urine or breath test that police can do on the side of the road for drugs other than alcohol. That means that if a cop deems you to be under the influence of drugs – with no other evidence. They can arrest you. The only way for you to be absolved of the crime is to wait for months for the tests to come back from the lab.
In South Carolina “Drug Recognition Expert” testimony has not been deemed inadmissible, meaning that an officer who goes through training for two weeks can use his “expert” opinion to say that a driver is high on any number of drugs. They can arrest you now but it takes weeks r months for a scientific test to “come back from the lab.”
This recognition of “Drug Recognition Expert” was first issued in LA back in the 1970s and many states (including South Carolina) have “Drug Recognition Experts” on police forces. These individuals get 2 weeks of training, but 2 weeks of training and they are supposed to be as good as a blood test?
The DRE examination consists of 12 steps:
1.The Breath Alcohol Test
The DRE will need to know the result of the suspect’s breath alcohol test, if taken. This is important to the DRE because he must determine whether or not alcohol accounts for the observed impairment. Normally, if the suspect’s blood alcohol level is above the state’s limit for DUI (.08% in most states), a DRE drug evaluation is not conducted.
2. The Interview of the Arresting Officer
If the DRE did not make the arrest, he will need to interview the arresting officer prior to the evaluation. This allows the DRE to gain an insight on the suspect’s driving, conduct at roadside, and their performance of the Standardized Field Sobriety Tests (SFST’s).
3. The Preliminary Examination
During this step the DRE will perform a preliminary examination checking for any evidence of a medical complication that would warrant terminating the evaluation and requesting medical assistance. The suspect is asked a series of questions, and the DRE conducts a series of eye examinations that assists in making the decision whether the suspect is under the influence of alcohol and/or drugs or if the impairment may be medically related. If drug impairment is suspected, the DRE proceeds with the evaluation.
4. Examinations of the Eyes
In this step, the DRE administers three tests of the suspect’s eyes: (1) Horizontal Gaze Nystagmus (HGN), (2) Vertical Gaze Nystagmus and (3) Lack of Convergence.
5. Divided Attention Psychophysical Tests
The DRE conducts a series of psychophysical tests that assists in determining the suspect’s condition and if he/she is able to operate a vehicle safely. The DRE administers four divided attention psychophysical tests: (1) the Romberg Balance, (2) Walk and Turn, (3) One Leg Stand, and (4) Finger to Nose.
6. Examination of Vital Signs
The sixth step requires the DRE to make precise measurements of the suspect’s pulse rate, blood pressure and body temperature. The suspect’s pulse rate is measured three different times during the evaluation. During this step of the evaluation the DRE will use medical instruments, including a stethoscope, a sphygmomanometer (blood pressure cuff) and an electronic digital thermometer.
7. Dark Room Examinations
During this step in the evaluation process the DRE will take the suspect into a separate room where the DRE can obtain an estimate of the suspect’s pupil size in three different lighting conditions. The DRE uses a device called a pupilometer and a penlight to conduct the measurements in room light, near total darkness and direct light.
8. Examination for Muscle Tone
During this step, the DRE inspects the suspect’s arm muscles checking for muscle tone.
9. Examination for Injection Sites
Many drug abusers inject drugs. So immediately after checking muscle tone, the DRE then carefully inspects the suspect’s arms, hands, fingers, and neck for evidence of recent or past hypodermic needle injections.
10. Suspect’s Statements and Other Observations
In this step of the evaluation, the DRE questions the suspect about specific evidence and observations made during the evaluation.
11. Opinions of the Evaluator
In this step the DRE documents his/her conclusions rendering an expert opinion about the condition of the suspect and the category(s) of drugs causing the impairment.
12. The Toxicological Examination
The final step in the evaluation process is to obtain a blood or urine specimen, which is sent to the laboratory for chemical analysis. The lab analyzes the specimen and reports the findings to the DRE and/or the arresting officer.
Only 2 of these do not rely on the opinion of the officer.
Breath test and Blood/Urine test are scientific but the rest are opinion. That puts a lot of reliance on the police to determine something that can change your life.
Only 2 weeks training?
Our advice always has been not to submit to any roadside tests or questioning. If you do get out of the car for questioning these can be the results:
But won’t I lose my license if I refuse?
You will have to surrender your license but can apply for a provisional license so that you can still drive to work while awaiting trial. If you are convicted (especially if you give the police evidence by submitting to their roadside tests) you could lose your license for a year or more, go to jail and more. Think of the insurance costs after being convicted. What if you lose your job if convicted?
Our advice is always the same. Provide the officer with your license, registration and proof of insurance and ask why he stopped you. Be polite without answering any questions. Tell them you will not answer any questions until your lawyer is present.
Save this number in your phone and call (843)249-2252.
Remember that just because you’re innocent doesn’t mean they won’t arrest you. And just because there’s no scientific evidence doesn’t mean they won’t convict you.
Don’t drive under the influence and don’t answer any questions.