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Minnesota Drugged Driving SummitShifting Gears to Address the Challenge
Stimulants 4730
Depressants 2282
Narcotic Analgesics 1760
Cannabis 1096
Dissociative Anesthetics 115
MN BCA - 2015
6-3
CNS Stimulants
6-4
• Relieve fatigue• Aid in weight reduction• Reduce the need for sleep• Increase energy and confidence levels
CNS Stimulants
6-5
• Cocaine• Amphetamines• Methamphetamines
Widely Abused CNS Stimulants
6-6
• Diet Max• Diet Now• Diet Pep• Mahuang • Anti-insomnia aids (Mini-tabs, 357
Magnum, Ephedrine)
Legal CNS Stimulants
6-7
• Ritalin
• Adderall
• Dexedrine
Prescribed CNS Stimulants
6-8
• Euphoria – an extremely pleasurable sensation (while the drug is psychoactive)
• Opposite effect as the drug wears off
General Indicators
6-9
• Restlessness• Body tremors• Excited• Euphoric• Talkative• Exaggerated reflexes• Anxiety
6-10
General Indicators
• Grinding teeth (bruxism)• Redness to nasal area• Runny nose• Loss of appetite• Increased alertness• Dry mouth• Irritability
General Indicators
6-11
HGN NoneVGN None
Lack of Convergence NonePupil Size Dilated
Muscle Tone Rigid
CNS Stimulants
CNS Depressants
6-13
• Benzodiazepines• Anxiety, stress, panic attacks, sleep
disorders• Generally not used long term
• Barbiturates• Seizures, sleep disorders, anxiety• Used in surgical procedures
Classes of CNS Depressants
6-14
• Valium• Prozac• Xanax• Soma• Alcohol
Most Commonly Used CNS Depressants
6-15
• Rohypnol (Flunitrazepam) • Gamma Hydroxy Butyrate (GHB)
Illicit CNS Depressants
6-16
• Wide variety of emotional behavior
• Reduced ability to divide attention
• Disoriented
• Slow/Sluggish
• Thick, slurred speech
• Drunk-like behavior
• Droopy eyes
General Indicators
6-17
• Fumbling
• Relaxed inhibitions
• Slowed reflexes
• Uncoordinated
• Drowsiness
• Gait ataxia
General Indicators
6-18
HGN PresentVGN Present (high dose)
Lack of Convergence PresentPupil Size Normal
Muscle Tone Flaccid
CNS Depressants
Narcotic Analgesics
6-20
• An “Analgesic” relieves pain by lowering one’s perception or sensations of pain
• Differs from anesthetics which stop nerve transmission
• Derived from Opium or produced synthetically
• Induces euphoria, alters mood, and produces sedation
Narcotic Analgesics
• Produce withdrawal signs and symptoms
• Suppress the withdrawal signs and symptoms of chronic narcotic analgesic administration
Narcotic Analgesics
• Codeine • Demerol• Heroin • Methadone• Morphine• Lortab• Buprenorphine• Tylenol 3 (with codeine) • OxyContin®
Narcotic Analgesic
Commonly Abused Natural Opiates
Raw Opium
Powdered Opium(Smoking Opium)
Other Alkaloids
Oxymorphone(Numorphan)
Hydrocodone(Lortab)
Diacetyl Morphine (Heroin)
Hydromorphone(Dilaudid)
Oxycodone(Oxycontin)
Buprenorphine(Subutex)
Morphine Codeine Thebaine
Common Synthetic Opiates
Demerol
Methadone
Fentanyl
‘New’ Synthetic OpiatesU-47700- Research chemical- Not a controlled substance- 7-8x greater binding affinity
Carfentanil- Animal tranquilizer- Schedule II controlled substance- 10,000x greater binding affinity- Potentially deadly if inhaled
Potency Relative to Morphine• Heroin 2x
• Codeine 1/8x
• Demerol 1/10x
• Percodan =
• Fentanyl 8x
• Alpha-Methyl Fentanyl (China White) 80x
• Methadone 1/2x (Longer Acting)
General Indicators • Drowsiness
• ‘On the nod’
• Depressed reflexes
• Slow, deliberate movements
• Dry mouth
• Low, raspy, slow speech
General Indicators• Euphoria
• Fresh puncture marks
• Itching
• Nausea
• Track marks
• Inability to concentrate
• Slowed breathing
• Skin cool to the touch
• Possible vomiting
• Constricted pupils
General Indicators
HGN NoneVGN None
Lack of Convergence NonePupil Size Constricted
Muscle Tone Flaccid
Narcotic Analgesics
Cannabis
Marijuana Hashish BHO/Hash Oil
Marinol Synthetic Cannabinoids
Effects depend on the strength of the THC in the dose consumed
• THC concentrations decades ago, peaked at relatively low levels (3-6 %)
• Current levels are being reported at more than 30%
Cannabis
General Indicators • Markedly bloodshot eyes
• Odor of marijuana
• Marijuana debris in the mouth
• Body tremors
• Euphoria
• Brief attention span
General Indicators• Relaxed inhibitions• Disoriented• Possible paranoia• Impaired perception of time & distance• Eyelid tremors• Sedation• Dilated pupils
HGN NoneVGN None
Lack of Convergence PresentPupil Size Dilated
Muscle Tone Normal
Cannabis
Synthetic Cannabinoid Products
Not structurally related to THC
Has longer duration of action
Sold commercially since 2002 as “SPICE” and as it’s parent compound
Synthetic Cannabinoid Products
Synthetic Cannabinoid ProductsTypically include:
Olive colored herbsCombination of herbsPlant materials
All enhanced with a THC synthetic analog
When smoked, synthetic cannabinoid products mimic the hallucinogenic effects of marijuana
• Panic attacks• Agitation• Tachycardia (110 to 150 BPM)• Elevated blood pressure• Anxiety• Pallor• Numbness and tingling• Seizures• Convulsions
Synthetic Cannabinoid Effects
Visual changesColor enhancementUncontrollable laughterEuphoriaTalkativenessSexual stimulation
Time impairmentSedationSleep aidAnalgesiaAnti-depressant
Synthetic Cannabinoid Effects
“Medical” Marijuana152.22 - 152.37
Cannabis Applications • Lowers intraocular pressure• Suppresses nausea• Helps inhibit seizures• Appetite enhancer• A muscle relaxant• A tumor growth retardant
• Legitimate medicinal use as an anti-vomiting agent, commonly associated with cancer chemotherapy
• Other uses include treatment of glaucoma or as an appetite enhancer for anorexia disorders
Marinol Applications
Can you get arrested for DWI with marijuana?
DWI and CANNABIS in MINNESOTA
Can you get arrested for DWI with marijuana?
YES…………….kinda
169A.20 Subdivision 1(2) Influence of a controlled substance
(7) Presence of a S-I or S-II substance (except marijuana or THC)
DWI and CANNABIS in MINNESOTA
WARRANTor
NO WARRANT?
WHEN DO I NEED A WARRANT?BREATH?BLOOD?URINE?
Breath Tests
• Does not require a warrant (Brooks vs. MN)• Read the MN Implied Consent Advisory• Refusal Law upheld (Bernard vs. MN)• Complete file in eCharging• License sanctions take effect with .08+ test
WHEN DO I NEED A WARRANT?
Blood Tests• Requires a warrant!!• Considered to be intrusive• DO NOT read the MN Implied Consent Advisory• Subject is unable to refuse test (Trahan vs. MN)• No license sanctions until after conviction
WHEN DO I NEED A WARRANT?
Urine Tests• Requires a warrant!!• Considered to be intrusive• DO NOT read the MN Implied Consent Advisory• Subject is unable to refuse test (Thompson vs.
MN)• No license sanctions until after conviction
WHEN DO I NEED A WARRANT?
BLOOD vs. BREATH TEST REASONS TO DO A BLOOD TEST
• Drug impairment• Injured in a crash, and is transported to a
hospital (conscious or unconscious)• Medical condition and cannot provide a breath
test• DMT unavailable or inoperable • CVO or CVH where test refusal is not an option
Unconscious Driver Exception
Even if search warrant was used, bypass the Implied Consent Advisory and use eCharging to process and report test results.Reason: M.S. 169A.51, Subd. 6.: Consent of person incapable of refusal not withdrawnA person who is unconscious or who is otherwise in a condition rendering the person incapable of refusal is deemed not to have withdrawn the consent provided by subdivision 1 and the test may be given.
Unconscious Driver Exception
Must note in the warrant that you are dealing with conscious or an
unconscious driver.
HOW DO I OBTAIN A SEARCH WARRANT?
Once you have identified that you need a blood test (or in rare cases a urine test), start the
process to obtain a warrant!
HOW DO I OBTAIN A SEARCH WARRANT?
Get the phone number for the signing judge Typically, dispatch will be able to help you Most jail facilities have a list During the day, a judge may be available at the court After hours, you will need to call the on-call judge
HOW DO I OBTAIN A SEARCH WARRANT?
Fill out the Affidavit and Search Warrant, following a template or instructions provided
Be very descriptive in the probable cause sections of the warrantwhy you think the subject was drivingwhy you think the subject was impaired
GETTING WARRANT SIGNED
Fill out the warrant.Call the judge to see if they will complete it over email or prefer it in person.If via email, you will be sworn in over the phone. If not, you will be sworn in person.
If done via telephone and email, electronically sign the warrant in the affiant section and save it.
Email it to the judge to be signed and sent back.
GETTING WARRANT SIGNED
If required to be signed in person, you may need a 2nd officer to assist if the subject is in your custody
• Pages 1-3: completed by person filling out the application and getting the application warrant signed by the judge.
• Page 4: completed by person who is executing warrant and receipt and completing the blood draw. ―That Person also has to get it notarized.
GETTING WARRANT SIGNED
Once the warrant is signed, complete the blood draw or urine test as usual!
GETTING WARRANT SIGNED
WHAT TO DO WITH THE PAPERWORK?
Once you obtain the sample, there are still a few more steps to complete the process!
WHAT TO DO WITH THE PAPERWORK?
Provide the subject with a copy of the search warrant and property receipt
Do not give copy of the affidavit to the subject • Contains probable cause information• Once filed, it becomes public data and can be problematic if we are investigating a case
The property receipt does not need to be notarized prior to you providing it to the subject
WHAT TO DO WITH THE PAPERWORK?
After the arrest, get property receipt notarized by a public notary (not a peace officer).
Original copy, with all the signatures get filed with the court
Keep the Medical Certificate with you reports
Warrants must be filed within 10 days
BCA/eCharging Electronic Search Warrant Project
Allowed by statute in 2015
Currently in development
Pilot project in fall/winter of 2016
Statewide deployment in early 2017
DRUG RECOGNITION EVALUATOR
Police officers who are highly trained in detecting
and recognizing impairment caused by substances other
than alcohol.
What is a DRE ?
What Does the DRE Do?
Provides expertise and assistance in impaired driving investigations
Normally has a “Post-Arrest” involvement
Requested when impairment is not consistent with the arrestee’s AC
Determines if the subject is impaired
Determines if the impairment is drug or medically related
If drug related, the DRE determines which category of drug(s) is likely causing the impairment
Three Determinations of the DRE
The Drug Recognition Evaluation Procedures
• 12- Step standardized and systematic process• DREs follow an evaluation checklist• Proceeds from AC through assessment of signs of Impairment to toxicological analysis• Similar to standard medicaldiagnosis procedures
Step 6Step 7Step 8Step 9Step 10Step 11Step 12
DRE Procedures
Step 1Step 2Step 3Step 4Step 5
Step 1: Alcohol Concentration
DRE or Arresting Officer determines if alcohol is involved
Step 2:Interview the Arresting Officer
DRE determines the reason for the arrestDriving observed?SFST results?Statements made?Other relevant matters
Step 3: Preliminary Examination
“Fork-in-the-Road” for the DRE
DRE determines if there is sufficient reason to suspect drug impairment
Determines if impairment may be medically related
DRE tests for:Horizontal Gaze Nystagmus (HGN)
Vertical Nystagmus (VGN)
Lack of eye convergence
Step 4: Eye Examinations
DRE administers divided attention tests:
Modified Romberg Balance
Walk and Turn
One-Leg Stand
Finger-To-Nose
Step 5: Divided Attention
DRE conducts three vital signs examinations:
Pulse rate (3 times)
Blood pressure
Body temperature
Step 6: Vital Signs Examination
Pupilometer used to estimate the suspect’s pupil sizes in three different light conditions.
Includes examination of nasal and oral cavities.
Step 7: Dark Room Examination
DRE examines suspect’s pupils
DRE examines arrestee’s arms for muscle tone; flaccid, rigid, or normal
Step 8: Muscle Tone
DRE examines for injection sites
Frequently areas used include:Arms – Neck – Ankles
Step 9: Examination For Injection Sites
• DRE conducts a structured interview
• Miranda warnings given if not previously done
• Suspect questioned about drug use based upon the results of the evaluation
• DRE records admissions
Step 10: Statements & Interview
DRE forms an opinion as to the drug influence and the category(s) of drug(s)
DRE makes an “informed opinion” based upon totality of evaluation and evidence
DRE Symptomology Matrix used to form final opinion
Step 11: Opinion of the DRE
DRE requests urine or blood sample for analysis
Implied Consent statutefollowed/Warrant obtained
Step 12: Toxicology
