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Question about the eyes tests

UserPost

9:53 am
November 7, 2009


bpdalvarez

New Member

posts 0

1. Can any officer use and conduct the convergence test and pupil size recognition?

2. Does it have to be a DRE for the test only, or can it be observed and use it in your case report?

I have come across several drugged drivers, and I want to become a DRE, not only to confirm what I know, but to assist others in strengthen my and other cases in my town, but the department is short handed, and I can not locate any DRE classes in Texas. I have used the test in my case report, but have caught heat, I just want a good case, and want to know if I am screwing up.

9:53 am
November 7, 2009


DRE_13366

Washington State

Moderator

posts 4

Post edited 4:54 pm – November 7, 2009 by admin


A lot depends on your State's criminal procedures and laws. Keep in mind that as a DRE, we use lack of convergence and pupil size as one piece of the puzzle in the totality of the standardized and systematic 12 step DRE process to determine drug categories.
In Washington State any law enforcement officer can use “lack of convergence and measure pupil size, but would run into a problem if used alone, especially if you can’t explain what causes the effects and signs you are observing and what effects drugs do what to the human body. As a DRE we can't solely base a drug call on these two observations alone.
In Washington State any law enforcement officer can make an arrest if he believes he has a “drugged driver, i.e. poor driving, low or no breath alcohol and poor field sobriety tests. A DRE is not required but makes a strong foundation to backup the arresting officer's report with what he observed in the field, or in ruling a medical impairment or no impairment and in obtaining a blood draw.
I would suggest you contact the Texas DPS academy to ascertain if they can direct you to a DRE school in you area. I also found a link that might get you pointed in the right direction.

http://www.cjcenter.org/decp/

**Edited to remove some errors in formating.

9:53 am
November 7, 2009


glock

Guest

I would check with your prosecutor and see what he/she says. I think that if you and the prosecutor know what the LOC means, you could use it. I also wouldn't hesitate mentioning the pupil size in your reports. There really is only one kind of drug category that causes constriction. If the pupils are dilated, it means another.

This is valuable evidence.

9:53 am
November 7, 2009


brhoads

New Member

posts 0

I personally wouldn't do the LOC test. You've probably seen it done and it's been explained to you…BUT… getting on the stand and testifying to what someone's explained to you without knowing the reasons you're seeing it or what drug categories it includes/excludes is a different matter. I would equate it to HGN without going through SFST. Attorney would rip your ass if he found out you're using that w/o going through the class.
I would include the pupil size because that's readily observable. You can have your partner stand next to the subject and compare their eyes. I wouldn't go too in depth trying to explain why you're seeing what you're seeing, just that it wasn't normal and that you saw a difference between your partner and the subject in the same lighting conditions.
Also, good luck getting in the next DRE class. Study your ass off, not that the program is easy anywhere, but our instructors were saying that over half flunked out in TX last go round.

8:01 pm
January 18, 2010


DRE_13366

Washington State

Moderator

posts 4

bpdalvarez – I guess I jumped the gun a bit with my first reply to your question. First and foremost are you SFST certified? If so, are there and ARIDE classes available in your area? As a DRE Instructor, I also teach ARIDE, and part of that curriculum is the teaching of LOC.


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