Information provided to Citizensjournal.us by Oxnard, dosage CA Assistant Police Chief Jason Benites 11-20-14
Drug Recognition Expert:
http://en.wikipedia.org/wiki/Drug_Recognition_Expert I believe that the classroom portion for this is about 72 hours, cialis plus a required number of field evaluations in order to get a certification.
ARIDE (Advanced Roadside Impaired Driver Enforcement)
Per the 16-hour POST course catalog description: ARIDE was created to address the gap in training between the Standardized Field Sobriety Testing (SFST) and the Drug Evaluation and Classification (DEC) Program. ARIDE accomplishes this by providing officers with general knowledge related to drug impairment and by promoting the use of DREs in states that have the DEC Program. The ARIDE program also stresses the importance of securing the most appropriate biological sample in order to identify substances likely causing impairment. http://catalog.post.ca.gov/SearchResult.aspx?crs_no=20272&crs_title=ADVANCED+ROADSIDE+IMPAIRED+DRIVER+ENFORCEMENT&pageId=10
Here is some more re Standardized Field Sobriety Testing:http://www.nhtsa.gov/people/injury/alcohol/sfst/appendix_a.htm
A number of our officers have also completed a 24 hour Drug Abuse Recognition (DAR). This course teaches the officer how to spot and identify objective symptomology. The CA POST website describes the course: DESIGNED TO TRAIN STUDENTS IN: NYSTAGMUS, STANDARIZED FIELD SOBRIETY TEST (SFST), EVALUATION PROCESS, DARK ROOM EXAMINATIONS, TOXICOLOGY, VITAL SIGNS, PERTINENT LAWS, DRUG PHYSIOLOGY, CNS DEPRESSANTS, INHALANTS, PCP, CANNABIS, CNS STIMULANTS, HALLUCINOGENS, NARCOTIC ANALGESICS, PROBABLE CAUSE, FIELD CONTACTS, REPORT WRITING AND COURTROOM TESTIMONY. http://catalog.post.ca.gov/SearchResult.aspx?crs_no=20311&crs_title=DRUG+ABUSE+RECOGNITION-INTRO&pageId=10
Training is available from a number of sources. POST offers the ARIDE and DRE programs, and are regularly taught throughout the state. Agencies may also elect to send personnel to instructor courses. We have a number of agency trainers, which is beneficial and cost-effective.
Proving a DUI drugs can be a bit more challenging, but in both cases the subject can be evaluated for both objective symptomology (e.g. nystagmus of the eyes, pupillary reaction, etc.). The main points of separation between the two is the absence of an odor of an alcoholic beverage, as well as the means in which a chemical sample is obtained; obviously an evidentiary breath alcohol sample taken at the scene is much more telling than having to obtain a blood/urine sample, and have to await the results to come back from the Ventura County Crime lab.
A CJ reporter asked Asst. Chief the following question:
I have read reliable reports that some states will literally force a blood test, drag people to the table, strap them down and take samples. Is that not true here? Then is the administrative suspension the extent of it, or is there also a conviction? If so, is it done without the blood test or is there presumptive guilt?
People may always decline field sobriety testing(FST) if they so choose. This however will not prevent them from being arrested. Even if they are arrested they may not be required to perform any type of FST’s.
It is once they are under arrest that some obligations attach themselves. They will be obligated to provide a chemical sample and submit to a test. Regardless of whether or not a criminal case ends up being filed for DUI, the arrestee will still be subject to administrative DMV action. They are served a notice of suspension by the arresting officer at the time of booking and the license is confiscated. They do have a right to have a revocation hearing, but must ask for one within a few days of the arrest (I believe it’s10 days). Those are often conducted by telephone between the DMV, the appellant, the officer, and possibly legal counsel.
If they are convicted, the court will suspend the driver’s license if not already done so. Custody (often “work-release” for first time offenders) and probation also very likely to follow from there as well.
Forcing blood tests from non-compliant or non-consenting persons is no longer in practice. About 1 ½ years ago a new decision arose in which the officer becomes obligated to obtain a warrant for the blood sample. In days gone by, officers would exercise the ability to forcibly obtain a blood sample, provided that the medical facility would provide that service, and that it was permissible by the law enforcement agency’s policy.
In general, an arrestee electing to not provide a chemical sample does not necessarily mean that the case is lost. The case may still proceed base upon other existing merits (observed driving pattern, observed objective symptomology, FST performance, etc.). That is why it important that the arresting officers have experience and the types of training that we discussed earlier today.