When a law enforcement officer comes upon a crash scene he or she may suspect illicit drug use, but their training, the National Highway Traffic Safety Administration manual and common sense dictate that no suspicion of drug use be assumed without evidence. When a case involves medical problems, a drug investigation (DRE, drug recognition expert evaluation) should not be performed, per NHTSA, so as to avoid confusing possible drug use with the observations really being medical issues. Where the NHTSA manual states in a situation like this, your primary purpose at this time is to look for any evidence of a medical complication that would warrant terminating the examination and summoning medical assistance since there is always the possibility that a person suspected of drug impairment is actually suffering from an illness or injury requiring medical attention.
As this blog has warned for the past years, the next phase of the government’s WAR ON DRUGS is the DRE protocol allowing roadside police to determine if a person is impaired by prescription or illicit drugs. While it may make no sense that a police officer is turned into a roving drug scientist, the government is allowing this approach. If you are accused of driving while impaired by drugs, trust Charles M. Rowland II, the attorney who has studied the Drug Recognition Protocol training and is educated in the defenses available to a drugged driving case. Call me at (937) 318-1DUI or visit www.DaytonDUI.com.