The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

Second, the DRE identifies and notes the category of drug consumed by the
suspect, which is helpful to the toxicology laboratory in determining which substances to
test for. The DRE does not identify a specific drug, such as cocaine, but rather the general
category of drugs (e.g., in the case of cocaine, a central nervous system stimulant). Just as
the officer is not required to determine the type of alcohol or the brand of beer a suspect
consumed in order to offer an opinion that an individual is driving under the influence of
alcohol, the DRE is not required to identify the specific drug.
Third, at trial, the DRE will testify to all the signs and symptoms of impairment
he or she observed and may be allowed to offer an opinion that the impairment is
consistent with the drugs verified by the chemical test. Regardless of whether the DRE is
allowed to offer such an opinion, the prosecutor will likely call on a toxicologist to
further explain the connection between the signs of impairment observed by the DRE and
the drug found by the toxicology lab.
In the drugged-driving case, at least one obvious factor is whether a drug or
combination of drugs caused the impairment. Therefore, testimony on the signs and
symptoms of drug impairment is critical to the fact finder’s ability to determine (1) the
person was impaired and (2) the impairment was the result of a substance other than, or
in addition to, alcohol.
At trial, the prosecutor will ask about your general training and experience as a
police officer prior to becoming a DRE. For example:
• Assignments related to drug enforcement as a narcotics officer
• Selection process for the traffic/DWI enforcement division
• Length of time assigned to traffic/DWI enforcement
• Specialized training for traffic/DWI enforcement
• Special recognition for work in DWI enforcement
You will be asked to discuss, if applicable:
• Training as an emergency medical technician, paramedic, or medical
corpsman in the military; and/or
• Employment as a security officer in a jail, as a probation officer, or in a drug
rehabilitation facility.
Finally, questions will concentrate on the education and training necessary to
become a DRE officer. Questions may include the following:
• How were you selected for the program?
• How many other officers from the department were selected for DRE
training?
• What does the pre-school involve?
• Does everyone who attends the pre-school become a DRE?
• How long is DRE school?
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