10.3 Drugs That Impair Driving[1]
This course addresses the 7 categories of drugs, the 3 Standardized Field Sobriety Tests, the Romberg Test, having the officer check for muscle tone, and polydrug use.
“This session is to improve your ability to recognize suspects who may be medically impaired or under the influence of drugs other than alcohol[2].”
The same 7 categories of drugs are used in all of the NHTSA drug manuals.
10.3.1 Romberg Balance Test
“You should always use the SFST test battery as you were previously instructed. When drug impairment is suspected the Romberg Balance test is an additional test that can be used to evaluate the suspect. All these tests areSTANDARDIZED, in their administration, documentation and interpretation.[3]”
The Romberg Balance test should be administered to evaluate the suspect's internal clock[4].
Again, the tests are validated to measure a BAC of .10 or higher. So, defense counsel may wish to ask for a Daubert hearing, or seek to exclude the evidence as it relates to drug impairment.
“ROMBERG BALANCE
This test requires the suspect to stand with both feet together, the head tilted slighted back, the eyes closed and estimate the passage of thirty seconds. When the suspect believes that the thirty seconds have passed, they are to tilt the head forward, open their eyes and say "stop.”
Administrative Procedures
Tell the suspect to stand with the feet together and the arms down at the sides.
Tell the suspect to maintain that position while you give the instructions.
Emphasize that they must not start the test until you say "begin.”
Ask the suspect if they understand so far.
Tell the suspect that, when you tell them to, they must tilt their head back slightly and close their eyes. DEMONSTRATE how the head should be tilted back, but DO NOT CLOSE YOUR EYES while demonstrating.
Tell the suspect that when you say "start", they must keep their head tilted back with the eyes closed until they think that thirty seconds have gone by.
DO NOT tell the suspect to "count to thirty seconds" or to use any other specific procedure to keep track of time.
But on the other hand, DO NOT tell the suspect that they are not allowed to count to thirty seconds. SIMPLY SAY, "keep your head tilted back with your eyes closed until you think that thirty seconds have gone by.”
Tell the suspect that, when they think the thirty seconds have gone by, to bring their head forward, open their eyes, and say "stop.”
Ask the suspect if they understand.
Look at your watch and pick a convenient time to start the test.
Tell the suspect to tilt their head back and close their eyes.
Tell the suspect to begin and start timing.
Keep track of the time while the suspect performs the test.
When the suspect opens their eyes, ask them "how much time was that?" anddocument their response.
If ninety seconds elapse before the suspect opens their eyes, stop the test.
Look and listen for the following:
suspect unable to stand still or steady with the feet together
body tremors
eyelid tremors
muscle tone (either more rigid or more flaccid than normal)
any statements or unusual sounds made by the suspect when performing the test
E. Documenting the Test
Record the estimated number of inches of sway exhibited by the suspect. You should estimate the approximate extent of swaying for both front to back and side to side.
To indicate impairment of the suspects' "internal clock", record the actual number of seconds the suspect stood with the eyes closed.
Document any of the above, or any other noteworthy observations and explain as necessary in the narrative section of your report.[5]”
This test has no scoring to it. So, one officer may deem someone a failure, whereas the next officer might not.
10.3.2 Eye Exams
In regard to eye examinations, this manual follows the same guidelinesas the introduction to drugged driving course.
10.3.3 Muscle Tone
During the course, the officers are trained to check for Muscle Tone. (This is part of a DRE examination, but is absent in the ARIDE curriculum).
“The effect of some drugs on the user may be observed in their muscle tone. Muscle tone may be normal, rigid, or flaccid.
Dissociative Anesthetics, Stimulants and Hallucinogens, primarily cause a rigid, tense or stiff feeling in the muscles. Some drugs, i.e., Depressants and Narcotics, often will cause the muscles to be very flaccid or loose and relaxed. Subjects with rigid muscle tone may appear very stiff and exhibit very jerky movements. Flaccid muscle tone will usually be evidenced by loose, relaxed movements. Evidence of muscle tone may become apparent when the suspect attempts to perform the divided attention tests.[6]”
10.3.4 Drug Categories &Their Observable Effects
This course in drug impairment actually shows some symptoms of drug impairment that may be present.
“A. CNS DEPRESSANTS
Action
CNS depressants slow down the operations of the brain. They depress the heartbeat, blood pressure, and many other processes controlled by the brain.
Examples
Alcohol, Barbiturates, Anti-Anxiety Tranquilizers (e.g., Valium, Librium, Xanax, Prozac, and
Thorazine), GHB (Gama HydroxyButarate), Rohypnol, Many Others
Expected Results of Roadside Observations/Indicators of Impairment
Psychophysical, Divided attention impairment, Poor coordination and balance, Slowed internal clock
Eye Indicators
Horizontal Gaze Nystagmus usually present.
Vertical Nystagmus will be present (with high doses for that individual).
Pupil size usually normal
Eye lids may be droopy and eyes watery.
Methods of Ingestion
Orally, Injected
General Indicators
"Drunken" behavior, Sluggish, Drowsy, Flaccid muscles, Thick, slurred speech
Other Conditions That May Cause Similar Symptoms
Extreme fatigue, Head injury, Hypotension (lowering of the blood pressure), Severe depression, Inner ear disorders, Diabetic reaction
B. CNS STIMULANTS
Action
CNS stimulants accelerate the heart-rate and elevate the blood pressure, and "speed up" or over-stimulate many other processes of the body. Subjects under the influence of CNS stimulants tend to be hyperactive, nervous, talkative, and unable to sit still. They are usually unable to concentrate, or think clearly for any length of time.
Examples
Cocaine, "Crack", Amphetamine, Methamphetamine
Expected Results of Roadside Observations/Indicators of Impairment
Psychophysical Indicators, Divided attention impairment, Starts test too soon, Accelerated internal clock, Completes test too quickly, Rapid and jerky movements
Eye Indicators
Nystagmus will usually not be present
Pupils usually will be dilated
Methods of Ingestion
Smoked, Snorted, Injected, Orally
General Indicators
Restlessness, Talkative, Excitation, Euphoria, Exaggerated reflexes, Grinding Teeth, Redness to nasal area, Runny nose, Body Tremors, Loss of appetite
Other Conditions That May Cause Similar Symptoms
Hyperactivity, Nervousness, Stress, Fear, Hypertension
C. HALLUCINOGENS
Action
Hallucinogens may cause hallucinations, i.e., they cause the user to perceive things differently than they actually are.
Examples
LSD, Peyote, Psilocybin, MDMA (Ecstasy)
Expected Results of Roadside Observations/Indicators of Impairment
Psychophysical Indicators, Uncoordinated, Severe divided attention impairment, Poor perception of time and distance, Poor balance, Distorted internal clock
Eye Indicators
Vertical or Horizontal Nystagmus usually not present
Pupils will be dilated
Methods of Ingestion
Orally, Smoked, Transdermal absorption (absorbed through the skin), Injected, Snorted
General Indicators
Hallucinations, Dazed appearance, Body tremors, Perspiring, Piloerection (LSD), Disorientation
Paranoia, Difficulty in speech, Nausea
Other Conditions That May Cause Similar Symptoms
Mental illness, High fever
D. DISSOCIATIVE ANESTHETICS
Action
Dissociative Anesthetics may produce impairments and other observable effects on the human mind and body much like the effects produced by depressants, stimulants and hallucinogens. Dissociative Anesthetics also induces a state of sedation, immobility, amnesia and marked analgesia.
Examples
Pheneyclidine, Dextromethorphan (DXM), Ketalar (analog of PCP), Ketaset (analog of PCP), Ketamine (analog of PCP)
Expected Results of Roadside Observations/Indicators of Impairment
Psychophysical Indicators, Divided attention impairment, May take abnormally high and slow steps as though they were attempting tostep over obstacles, Slowed internal clock,
Eye Indicators
Horizontal Gaze Nystagmus will be present, generally with a very early angle of onset.
Vertical Nystagmus generally will be present.
Pupil size is usually normal.
Suspect may have a blank stare.
Methods of Ingestion
Smoked, Inhaled or snorted, Orally (in capsule or tablet form), Injected, Transdermal absorption (directly absorbed through the skin)
General Indicators
Slow, slurred speech, Disorientation, Loss of memory, Agitation, Excitement, Blank stare, Cyclic behavior, Rigid muscle tone, Warm to touch, Perspiring, Chemical odor (PCP)
Other Conditions That May Cause Similar Symptoms
Mental disorder
E. NARCOTIC ANALGESICS
Action
Narcotic analgesics relieves pain, induces euphoria, and changes mood.
Examples
Opium, Codeine, Heroin, Demerol, Darvon, Morphine, Dilaudid, Methadone, Oxycontin
Expected Results of Roadside Observations/Indicators of Impairment
Psychophysical Indicators, Divided attention impairment, Poor coordination and balance, Slowed internal clock
Eye Indicators
Horizontal Gaze Nystagmus will not be present
Vertical Nystagmus will not be present
Pupil size will be constricted
Eyelids will be droopy
Methods of Ingestion
Injected, Smoked, Snorted, Orally, Suppositories,
General Indicators
Slowed reflexes, Slow, low and raspy speech, Muscle tone - flaccid
F. INHALANTS
Action
Inhalants include a wide variety of breathable chemicals that produce mind-altering results.
Examples
Toluene, Plastic cement, Paint, Gasoline, Thinners, Hair sprays, Deodorants, Anesthetic gases
Expected Results of Roadside Observations/Indicators of Impairment
Psychophysical Indicators, Divided attention impairment, Poor coordination and balance
Eye Indicators
Horizontal Gaze Nystagmus will be present
Vertical Nystagmus may be present, especially if a high dose, for that
individual, of inhalant has been taken
Pupils normal or dilated depending on substance used
Methods of Ingestion
Inhaling, Some are ingested directly from the source
General Indicators
Dizziness and numbness, Floating sensation, Distorted perceptions of time and distance, Intense headaches, Nausea
G. CANNABIS
Action
Cannabis appears to interfere with a person's ability or willingness to pay attention. People under the influence of Cannabis usually do not divide their attention very well. When driving, they may attend to certain parts of the driving tasks but ignore others. For example, they may continue to steer the car but ignore stop signs, traffic lights, etc.
Examples
Marijuana, Hashish, Hashish oil, Marinol
Expected Results of Roadside Observations/Indicators of Impairment
Psychophysical Indicators
Divided attention impaired, Poor coordination and balance, Slowed internal clock
Eye Indicators
Horizontal Gaze Nystagmus will not be present,
Vertical Nystagmus will not be present
Pupils will be dilated or normal
Methods of Ingestion
Smoking, Orally (hash oil and hashish)
General Indicators
Diminished inhibitions, Impair perception of time and distance, Eyelid and body tremors, Impaired attention, Redness of eyes, Residue in mouth[7]”
10.3.5 Polydrug Use
For some reason, the course mentions Polydrug use, but leaves out and fails to explain the 4 possible outcomes of polydrug use.
[1]HS 178B R2/06, Drugs That Impair Driving, Feb. 2006, Student Manual
[2]Id at I-1
[3]Id at II-1
[4]Id at II-2
[5]Id. at II-7,8
[6]Id at V -1
[7]Id at VI-1 – VI -9