A person caught drinking and driving can face jail time and the loss of license. But what about cannabis? Since Oregon legalized recreational pot in 2015, police have had to figure out how to determine impairment by the drug. In Eugene, it comes down to a cop鈥檚 trained perception.
DUII is driving under the influence of intoxicants. In Oregon, that could be alcohol, controlled substances, inhalants or marijuana. Motorist鈥檚 caught with a 0.08% blood alcohol level or above can be immediately charged with DUII. Breathilizer testing for alcohol is valid in court.
All patrol officers are trained to conduct *alcohol related DUI investigations. If alcohol is ruled out鈥攂ut patrol still suspects impairment 鈥攖hey鈥檒l call in an officer like Travis Cooper. He鈥檚 one of 7 Drug Recognition Experts with the Eugene Police Department.
鈥淚f the custody consents to it I conduct a drug influence evaluation,鈥� Cooper says. 鈥淭hat鈥檚 a 12 step process. I take their pulse, blood pressure, measure their pupil size in 3 different lighting conditions.鈥�
And then there are tests.
鈥淥ne that seems particularly helpful with marijuana investigations is one called the modified Romberg balance test,鈥� says Cooper. 鈥淭hat鈥檚 a mental time estimation test.
Because, Cooper says, it鈥檚 tough for people who are super stoned to keep an accurate perception of time.
鈥淲e have people stand feet together, arms down at their sides,鈥� Cooper explains. 鈥淏asically we鈥檙e going to have them close their eyes and estimate the passage of 30 seconds. So they鈥檙e not counting out loud or bobbing head or moving their lips. This is one where people under the influence of cannabis tend to struggle. It鈥檚 not uncommon to get to what they think is 30 and it鈥檚 actually been 54 seconds.鈥�
Cooper says this time estimation test can relate to driving skills.
鈥淚f you look at a yellow light and you need to estimate your speed relative to how far away that light is and do you have enough time to make it through or do you need to stop.鈥�
Another test used to rule out cannabis is a 鈥渓ack of convergence鈥� test.
鈥淲hich is an eye test to see if people can cross their eyes,鈥� Cooper says.
It seems when people are high, they typically can鈥檛 cross their eyes. Who knew?
After conducting a drug influence evaluation, Cooper decides whether or not he thinks the person is impaired by marijuana, some other drug or a medical condition.
If you鈥檙e thinking this sounds like a pretty subjective process-- Cooper emphasizes that the Drug Recognition Expert (DRE) program is accepted by the courts.
鈥淐ase law in Oregon has already established that the DRE program is admissible,鈥� Cooper says. 鈥淲e don鈥檛 need to hash through whether it鈥檚 valid every single time we go to trial.鈥�
Nationwide, only 1% of police officers go through the two weeks of classroom time and weeklong testing to certify as a DRE. Officer Cooper trained in downtown Portland and observed the behavior of people under a variety of intoxicants.
鈥淭he way it works instructors they go out under the Burnside Bridge and other places that are frequented by people that are struggling with addiction,鈥� says Cooper. 鈥淎nd they offer them a sandwich, some cigarettes and they come back and do a drug influence evaluation. Some come back night after night too.鈥�
Last year, Cooper was called in for 36 drug influence evaluations. He says Lane County had the highest number of DRE requests in the state.
鈥淎ll of us, all officers and drug recognition experts, would love to have a machine like the breathalyzer machine that we have for alcohol, because that鈥檚 a scientifically validated, reliable tool that we can use to objectively show that this person鈥檚 impaired,鈥� Cooper says. 鈥淭he science just is not there right now with cannabis.鈥�
Even though pot is legal in Oregon, Cooper says nothing has changed when it comes to DUI.
Have to be illegal: 鈥淎lcohol is impairing substance. You can be impaired by lawfully owned prescription medications. So the way Oregon鈥檚 DUI laws are written, it doesn鈥檛 required that a substance is illegal.鈥�
Law enforcement urges cannabis consumers to allow a couple hours before getting behind the wheel. Even longer for edibles. If you don鈥檛 pay attention to your impairment level while driving, (sound of police saying 鈥減ull over鈥�) it鈥檚 very possible Officer Cooper will.
Copyright 2018