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Platt and Associates

4343 Carter Creek Parkway, Suite 120


Bryan, Texas 77802

Phone: 979-846-3950 Cell: 979-412-2346


E-Mail: lance@plattandassociates.org

April 21, 2017

Mr. Trevor Titman

Re: Trevor Titman (plaintiff)


v.
The City of Austin, Texas

Dear Mr. Titman:

At your request, I have reviewed the driving while under the influence of drugs (DWI)
paper work/DRE assessment of the defendant referenced above. I have analyzed his
performance in the field and in the DRE evaluation room. I have, also evaluated the
Officers conclusions based upon the administrative procedures that are required by the
National Highway Traffic Safety Administration (NHTSA) and the International
Association of Chiefs of Police (IACP) in order for the DRE evaluation and
psychophysical tests to be considered standardized in accordance with the standards.

Attached to this letter, you will find a detailed technical analysis based upon the
information that was reported in the DRE assessment face sheet submitted by the
Officer on the night/morning of the evaluation. The technical report will list the activities
of the Officer and the accused as the events unfold. My comments will follow.

If you need clarification of any point, please feel free to contact me.

If there is anything further that my firm can do for you in the future, please feel free to
contact me at your convenience. It was a pleasure to assist you and my firm looks forward
to a continued relationship with you and your legal practice.

Sincerely,

Lance A. Platt, Ph.D.


Platt and Associates
DRE Assessment
The drug recognition expert procedure is a systematic and standardized method of
examining a suspect to determine: 1) Whether the suspect is impaired; and if so, 2)
Whether the impairment relates to drugs or a medical condition; and if drugs, 3) The
category or combination of categories of drugs that are the likely cause of the impairment
(session IV-3, HS 172 R5/13). The process is systematic in that it is based on a careful
assessment of a variety of observable signs and symptoms that are known to be reliable
indicators of drug impairment. The evaluation is standardized in that it is administered
the same way, every time. Standardized helps to ensure that no mistakes are made, no
examinations are left out, no extraneous or unreliable indicators are included,
standardization helps to promote professionalism among drug recognition experts,
standardization helps to secure acceptance in court. (session IV-5, HS 172 R5/13) The
Drug Evaluation and Classification drug influence evaluation has twelve components or
steps (IV-7, HS 172 R5/13).

Breath Alcohol Test

Step one of the DRE evaluation is to obtain an accurate measurement of the alcohol
concentration in the evaluated persons blood. The breath test is conducted to rule out
alcohol as the contributing agent responsible for the intoxication. Since the DRE
practitioners job is to identify drugs other than alcohol as the impairing substance, the
breath test must be conducted to rule alcohol out as the source of intoxication.

Officer Johnson with a result of 0.00% administered the breath sample on a PBT in
the field. This would indicate to the Drug Recognition Evaluator (DRE) that the
impairment that was allegedly observed is not linked to alcohol. In short, alcohol
should be ruled out of the equation as the impairing substance.

Officer Conner stated on her DRE influence evaluation that Mr. Titmans breath was
Normal however she does not mention any type of marijuana or tobacco smell on
Mr. Titmans breath. The officer indicated in her final analysis that she believed Mr.
Titman to be under the influence of a CNS Depressant, CNS Stimulant and
Cannabis.

Interview of the Arresting Officer

Step two of the DRE evaluation is to interview the arresting officer. It is at this point in the
evaluation that the DRE uncovers information that occurred prior to his/her involvement
with the case. The DRE must take some time to discuss with the arresting officer relevant
driving facts, individual reactions to the stop command, the individuals demeanor when
contacted, unusual odors or statements made, poor physical abilities, appearances, and
paraphernalia or drugs found at the scene or in the individuals possession. It is through
this interaction that valuable pre-assessment information is collected and insight into
possible drug use or categories of drug use can be considered.
Officer Johnson stopped Mr. Titman after he allegedly entered an accident scene.
Mr. Titman was let into the accident scene, which appeared to be chaotic, by officer
Nguyen whom later stated to Mr. Titman, No problems I understand, you
misunderstood Mr. Titman then drives away apparently with the permission of
officer Nguyen and he is then stopped by officer Johnson and questioned as to why
he drove around the cones. Mr. Titman explained to officer Johnson that officer
Nguyen had let him into the scene, which was not believed by officer Johnson, but it
was the truth. In my opinion officer Johnson could have checked with officer
Nguyen via radio, which he does not.

In most cases where Cannabis is used, according to the NHTSA DRE curriculum the
subject is usually described to have marked reddening of the conjunctiva, odor of
marijuana, marijuana debris in mouth, body and eyelid tremors, relaxed inhibitions
and paranoia. In most cases where a CNS Depressant is used, the subject is
described to have lack of coordination, disoriented, sluggish, thick slurred speech,
drunk like behavior, gait ataxia and drowsiness and fumbling. In most cases where a
CNS Stimulant is used, the subject is described to have restlessness, body tremors,
excited, euphoric, talkative, anxiety, grinding of teeth, runny nose, loss of appetite,
dry mouth and irritability, Mr. Titman was described to have been talkative and
cooperative with a reddened conjunctiva and fair coordination with slurred and
rapid speech and a normal face. It is unknown if the officer had ever met or seen Mr.
Titman and was aware of his normal appearance and demeanor. In my opinion, a
CNS Depressant and a CNS Stimulant are at opposite ends of the symptomology
spectrum and Cannabis is somewhere in the middle as far as human behavior goes.
In my opinion a person would have to act perfect to not fall into this
symptomology and most normal people can exhibit symptomology from each
category.

Preliminary Evaluation

The preliminary examination is a structured series of questions, specific observations, and


simple tests that provide the first opportunity to examine the suspect closely and directly.
One major purpose of the preliminary examination is to determine if the suspect may be
suffering from an injury or some other condition not necessarily related to drugs. Another
major purpose of the preliminary examination is to begin systematically assessing the
suspects appearance, behavior, etc. for signs of possible drug influence. The preliminary
examination also provides the evaluator with an opportunity to observe the suspects face,
breath and speech; the initial check of the eyes; and the first of three pulse rate checks.
Based on the DRE face sheet, officer Conner indicated the following:

Question Answer

What have you eaten today? Tuna Steak at 8:30 pm


What have you been drinking? Woodchuck Cider (1)
What time is it? (actual time of evaluation 04:00
04:21)
When did you last sleep? How long? Woke up at 1:00 pm (8-9
hours)

Are you sick or injured? No

Are you diabetic or epileptic? No

Do you take insulin? No

Do you have any physical defects? Yes, bowlegged

Under the care of a doctor or dentist? No

What medications or drugs are you taking? Clonopin (Anxiety, last taken
Sunday)

Attitude? Very Talkative, Cooperative

Coordination? Fair

Speech? Rapid/slurred

Breath? Normal

Face? Normal

Officer Conner indicated that Mr. Titmans eyes were checked for their ability to
track equally and assessed that the pupils were equal in size. As part of the
preliminary examination, this is conducted to rule out possible medical conditions
that would provide false positive test results.

The officer also listed that Mr. Titmans eyelids were droopy.

Officer Conner took Mr. Titmans pulse rate for the first of three times. The pulse rate was
checked at 04:12 hours (4:12 am) and it was listed to be 108 beats per minute (BPM). Mr.
Titmans pulse rate on this particular assessment shows to be above the normal range.
According to NHTSA DRE protocol, the normal range for pulse rate is between 60-90
BPM.

According to the DRE curriculum, a CNS Depressant may cause the pulse rate of the
user to become down or up, a CNS Stimulant may cause the pulse rate of the user to
become up and Cannabis may cause the pulse to be normal. It is important to note
that any pulse that is up, down or normal could fall into any of these drug categories.

Officer Conner estimated the angle of onset of the left and right eye of Mr. Titman and an
angle of 45 degrees was found.

The estimation of the initial angle of onset prior to 45 degrees is conducted to use the
found number in the Tharps equation, which is used to rule out alcohol as the
impairing substance. Tharps equation is 50-angle of onset = Blood Alcohol
Concentration. Since a CNS Depressant does cause HGN, and a CNS Stimulant and
Cannabis does not, either observation would have fallen into one of the drug
categories. to be present in the eyes of the user, using Tharps, the estimated BAC
would have been .05.

After the preliminary examination had been conducted, officer Conner administered the
eye exam segment of the evaluation.

Examination of the Eyes

The eye exams consist of three tests, namely the Horizontal Gaze Nystagmus (HGN) test,
the Vertical Gaze Nystagmus (VGN) test, and Lack of Convergence (LOC) test. The
following is a listing of the observed clues officer Conner saw in her DRE evaluation:

HGN Test
Left eye Right eye
Lack of Smooth
Pursuit P P

Distinct and P P
Sustained Nystagmus
at Maximum
Deviation

Onset of Nystagmus No (45 degrees) No (45 degrees)


Prior to 45 degrees

VGN Test
Left eye/Right eye No

Lack of Convergence Test

Left eye Present

Right eye Present

Officer Conner indicated that Mr. Titman did display a lack of convergence (LOC) in
his left and right eye. The lack of convergence is consistent with a CNS Depressant
and Cannabis according to the DRE curriculum. The NHTSA DRE curriculum does
state, The test for lack of convergence (LOC) is also very simple. But it should be
noted that this test is the least reliable of any of the eye tests due to the fact that a
significant portion of the population may have an inability to cross their
eyes.(session 5-15, HS 172 R5/13).

After the eye examinations had been conducted, officer Conner administered the divided
attention test segment of the evaluation to Mr. Titman.

Divided Attention Tests

Four separate divided attention tests are administered in this segment of the drug influence
evaluation. The following tests are administered in this order: Romberg balance, Walk and
turn, one leg stand, and finger to nose.

NHTSA states, Certain medical conditions or injuries may cause signs and
symptoms similar to those of drug impairment (Bipolar Disorder, Conjunctivitis,
Diabetes, Head Trauma, Multiple Sclerosis, Shock, Stroke, Seizures and Neurological
Conditions). There are times when a DRE may encounter situations where a subject
may be suffering from a medical condition that has affected the subjects ability to
operate a vehicle safely (session 6-13, HS 172 R/5/13). Normal conditions can affect
vital signs: Exercise, Fear, Anxiety, Depression, Other (session 6-15, HS 172 R5/13).

Officer Conner administered the Romberg balance test, the walk and turn, the one leg
stand, and the finger to nose tests to Mr. Titman. The following is a listing of the clues
observed with these tests:

Romberg Balance
In this test, the DRE tells the person to stand straight with their heels together and their
arms at their sides and to maintain that position while instructions are provided. The DRE
then asks the individual if they understand. The DRE tells the individual to tilt their head
slightly back, close their eyes, stand perfectly straight, and estimate the passing of 30
seconds. When the individual believes that 30 seconds has lapsed, they tilt their head
forward, open their eyes, and say stop.

The Romberg balance test is intended to assess a persons ability to estimate passing time
using what is commonly referred to as the internal clock. The internal clock is simply how
a person perceives time in their mind in relation to the actual passage of time. With
persons who use different types of drugs, the internal clock may speed up, slow down, or
remain normal. The category of drug the person is under the influence of determines how
their internal clock will behave. For instance if a person is under the influence of a
stimulant category of drug (amphetamines), the internal clock in most cases would speed
up due to the psychoactive properties of the drug in the system. In comparison, if a person
is under the influence of a depressant category of drug (Soma), then the internal clock may
be slow.

Officer Conner reported that Mr. Titman displayed a 1-2 inch sway and estimated
the passing of 30 seconds as an actual 19 seconds. It should also be noted that the
Romberg balance test is not a validated field sobriety test and is not considered
reliable or valid for testing impairment. In fact, this test was one of many others that
did not make the cut for inclusion into the standardized field sobriety tests when
scientifically evaluated. It should also me noted that tilting the head back and closing
the eyes will disrupt the vestibular system and take away sight, the eye lids will
tremor with ALL people.

Walk and Turn

The walk and turn test is administered in two stages: the instructional stage and the
walking stage. In the instructional stage, the tested person is instructed to imagine a line
extending from their left foot straight out in front of them. The individual is told to place
their left foot on the imaginary line and then place their right foot in front of the left,
touching the heel of the right foot against the toe of the left. The tested individual is told to
keep their arms down to their sides and to remain standing in this position until told to
start the test. The tested individual is told not to begin the test until instructed to do so then
ask if they understand the instructions up to that point. The tested individual is required to
stand in this position and the intent is to measure the ability to follow and retain
information from the instructions given and to assess physical abilities such as balance.

Once the tested individual understands, the DRE continues with the instructions for the
walking stage of the test. The DRE informs the tested individual that when instructed to
begin, they need to walk a straight line, taking a series of nine heel-to-toe steps on the
imaginary line. While taking those steps the tested individual must keep their arms to their
sides, look down at their feet, count each step taken aloud, and touch each step in a heel-
to-toe manner. Upon reaching the ninth step, they are to turn around by keeping the lead
foot on the line and taking a series of short steps around then return back down the line
taking nine heel-to-toe steps along the imaginary straight line. Lastly, the tested individual
is told that once they begin the test they are not to stop walking until they complete the
test. After giving all of these instructions, the administering DRE asks the tested individual
if they understand the information provided to them. If the tested individual understands
the instructions, they are told to begin the test and count their first step forward from the
heel to toe position as one. While walking, the tested individual is assessed for their ability
to divide their attention between physical actions such as walking the line and mental
abilities such as short-term memory recall and number processing.

Officer Conners DRE report states that Mr. Titman displayed 4 out of a possible 8 W&T
test clues. After review of the DRE report that officer Conner completed, the following
clues were listed regarding Mr. Titmans performance on the test.

Cannot keep balance


Misses heel to toe
Raises arms
Improper turn (two foot pivot)

What should be noted is that the walk and turn test is an evaluation tool specific for
alcohol testing to determine if a person is above a certain alcohol limit (0.08/0.10 or
greater: depending on the study). This test has never been validated specifically for
drugs other than Alcohol so the scoring criterion cannot be held to the same standard
as is with alcohol only cases and cannot be used to correlate impairment with
suspected Cannabis use.

NHTSA does list some limitations for this test: The original research indicated that
individuals over 65 years of age, back, leg or middle ear problems had difficulty
performing this test. Individual wearing heels more than 2 inches high should be
given the opportunity to remove their shoes.

NHTSA states, Certain medical conditions or injuries may cause signs and
symptoms similar to those of drug impairment (Bipolar Disorder, Conjunctivitis,
Diabetes, Head Trauma, Multiple Sclerosis, Shock, Stroke, Seizures and Neurological
Conditions). There are times when a DRE may encounter situations where a subject
may be suffering from a medical condition that has affected the subjects ability to
operate a vehicle safely (session 6-13, HS 172 R/5/13). Normal conditions can affect
vital signs: Exercise, Fear, Anxiety, Depression, Other (session 6-15, HS 172 R5/13).

One Leg Stand


The third divided attention sobriety test administered in this portion of the DRE evaluation
is the one leg stand test. As is with the walk and turn test, the one leg stand test is
administered in two separate stages: the instructional stage and the balance and counting
stage. In the instructional stage, the individual is told to place their feet together side by
side, keep their arms down to the side, and remain in that position until instructed to begin
the test. The individual is told not to begin the test until instructed to do so and then asked
if they understand the instructions up to that point. The individual is required to stand in
this position, and the intent is to measure the ability to follow and retain information from
the instructions given and to assess physical abilities such as balance.

Once the tested individual understands, the DRE continues with the instructions for the
balance and counting stage of the test. The DRE informs the individual that when
instructed to begin, they will raise their right leg up into the air approximately 6 inches off
the ground while keeping both legs straight and their arms to their sides. The individual is
told to point the toe of the elevated foot down and to look at the raised foot while counting
in 1000s until told to stop. The administrating evaluator times the test for 30 seconds. The
intent of the balance and counting stage of the test is to measure the individuals ability to
follow and retain information from the instructions given and to assess physical abilities
such as balance. Once the individuals ability to balance while holding up his/her right leg
is complete, the process is repeated assessing his/her balance holding up the left leg.

One Leg Stand (Left leg)


Clues

Sway Present
Uses arms to
balance Present
Hopping
Not present
Puts foot Down
Present

Based on the officers DRE report, Mr. Titman displayed 3 OLS test clues for his left
leg.

The OLS test is an evaluation tool specific for alcohol testing to determine if a person
is above a certain alcohol limit (0.08/0.10 or greater: depending on the study). This
test has never been validated specifically for drugs other than alcohol so the scoring
criterion cannot be held at the same standard as is with alcohol only cases and cannot
be used to correlate impairment with suspected Cannabis use.

NHTSA does list some limitations for this test: The original research indicated that
individuals over 65 years of age, back, leg, or middle ear problems had difficulty
performing this test. Individuals who are 50 pounds or more overweight may have
difficulty with this balance test. Individual wearing heels more than 2 inches high
should be given the opportunity to remove their shoes.

NHTSA states, Certain medical conditions or injuries may cause signs and
symptoms similar to those of drug impairment (Bipolar Disorder, Conjunctivitis,
Diabetes, Head Trauma, Multiple Sclerosis, Shock, Stroke, Seizures and Neurological
Conditions). There are times when a DRE may encounter situations where a subject
may be suffering from a medical condition that has affected the subjects ability to
operate a vehicle safely (session 6-13, HS 172 R/5/13). Normal conditions can affect
vital signs: Exercise, Fear, Anxiety, Depression, Other (session 6-15, HS 172 R5/13).

One Leg Stand (Right leg)


Clues

Sway Present
Uses arms to
balance Present
Hopping
Not present
Puts foot Down
Present

Based on the officers DRE report, Mr. Titman displayed 3 OLS test clues for his
right leg.

The OLS test is an evaluation tool specific for alcohol testing to determine if a person
is above a certain alcohol limit (0.08/0.10 or greater: depending on the study). This
test has never been validated specifically for drugs other than alcohol so the scoring
criterion cannot be held at the same standard as is with alcohol only cases and cannot
be used to correlate impairment with suspected Hallucinogenic use.

NHTSA does list some limitations for this test: The original research indicated that
individuals over 65 years of age, back, leg, or middle ear problems had difficulty
performing this test. Individuals who are 50 pounds or more overweight may have
difficulty with this balance test. Individual wearing heels more than 2 inches high
should be given the opportunity to remove their shoes.

NHTSA states, Certain medical conditions or injuries may cause signs and
symptoms similar to those of drug impairment (Bipolar Disorder, Conjunctivitis,
Diabetes, Head Trauma, Multiple Sclerosis, Shock, Stroke, Seizures and Neurological
Conditions). There are times when a DRE may encounter situations where a subject
may be suffering from a medical condition that has affected the subjects ability to
operate a vehicle safely (session 6-13, HS 172 R/5/13). Normal conditions can affect
vital signs: Exercise, Fear, Anxiety, Depression, Other (session 6-15, HS 172 R5/13).
Finger to Nose Test
In this assessment, the tested individual is required to bring the tip of their index finger up
to touch the tip of their nose. The individual performs this test with their eyes closed and
their head tilted back slightly. The individual stands with their feet together side by side.
Once in this position, the individual attempts to touch the tip of the nose with their index
finger six times, three times with each hand. The DRE instructs the individual which hand
to use for each attempt. The DRE uses the same sequence when administering this test:
left, right, left, right, right, left.

Officer Conner reported that Mr. Titman performed the finger to nose touch test.

It should be understood that the officer is requiring Mr. Titman to perform a test
with his head tilted back altering her sense of perception and balance (Vestibular
disruption). Then, in addition to that, the officer has Mr. Titman trying to touch the
tip of his nose with the tip of his finger while his eyes are closed. In my opinion, this
test is set up for failure due to the removal of sensory perception (balance and sight).

It should also be noted that the finger to nose test is not a validated standardized field
sobriety test and is not considered reliable for testing impairment. In fact, this test
was one of many others that did not make the cut for inclusion into the
standardized field sobriety tests when scientifically evaluated.

Based on the reported information on officer Conners DRE report it would appear
as if Mr. Titman had some difficulty with this test.

After the divided attention tests had been conducted, officer Conner administered the vital
signs assessment of the evaluation to Mr. Titman.

Vital Signs Examination

The next step of the DRE evaluation is to conduct an assessment of the individuals vital
signs, which includes systematic checks of blood pressure, pulse rate, and body
temperature. Since certain categories of drugs affect human physiology differently,
indicators of possible impairment may be assessed in this stage of the evaluation. For
example, drugs that fall into the categories of stimulants, hallucinogens, and PCP may
cause an individuals pulse rate, temperature, and blood pressure to be elevated. Other
drug categories such as narcotic analgesics may cause an individuals pulse, blood
pressure, and body temperature to be lower than normal. Depending on the types of drugs
taken and whether they are active in the body, different physiological manifestations could
be observed. This is why it is very important for the DRE to assess vital signs in the DRE
evaluation.

Pulse
The pulse rate is measured by covering the radial pulse point located on the inside of the
wrist closest to the thumb. The DRE covers the pulse point with his or her index and
middle fingers then counts the number of beats felt within a 30-second time period. Two to
get the range of pulse beats per minute then multiplies this number. The normal pulse rate
range is between 60 and 90 beats per minute. Readings less than 60 beats per minute are
considered down, while anything above 90 beats per minute is considered up/elevated.

Officer Conner conducted the second pulse check of Mr. Titman at 04:50 hours (38
minutes after the first pulse check). Based on his assessment, Mr. Titman was found to
have a pulse rate of 74 beats per minute.

According to the DRE curriculum, a CNS Depressant may cause the pulse rate of the
user to become down or up, a CNS Stimulant may cause the pulse rate of the user to
become up and Cannabis may cause the pulse to be normal. It is important to note
that any pulse that is up, down or normal could fall into any of these drug categories.

Blood Pressure

Blood pressure is appraised by wrapping the upper portion of the arm (bicep) with the
pressure cuff and inflating the cuff so that no blood moves through the artery. Slowly, the
pressure inside the cuff is released so that some of the blood begins spurting through the
artery. When the blood rushing through the artery is clearly audible and a clear tapping
sound is heard, the systolic pressure value is recorded. As more pressure inside of cuff is
released, a swishing sound should be discernable. The faint tapping at the end of this
swishing is the diastolic pressure value.

Checking for a normal range of systolic and diastolic pressure levels assesses blood
pressure. The systolic pressure is a measure of heart contraction, which sends blood
rushing into the arteries. Normal systolic pressure is between 120 and 140 millimeters of
mercury (mmHg). Diastolic pressure is a measure of pressure when the heart is fully
expanded. The normal range for diastolic pressure is between 70 and 90 mmHg.

Officer Conner administered the blood pressure check of Mr. Titman. Based on her
assessment, Mr. Titman was found to have a blood pressure rate of 150/108 mmHg, which
according to the DRE curriculum is up.

Based on the reported information on officer Conners DRE evaluation, it would


appear as if Mr. Titman exhibited up blood pressure. Since the officer predicted that
Mr. Titman was under the influence of a CNS Depressant, CNS Stimulant and
Cannabis category drugs, the blood pressure reading could be down or up based
upon the NHTSA DRE curriculum.

Body Temperature
To properly measure body temperature, an electronic thermometer is used to obtain an oral
reading. A disposable sheath covers the thermometer prior to placing it into the mouth and
under the tongue. The normal range of body temperature is 98.6F 1F.

As with the pulse rate and blood pressure, different categories of drugs can cause the body
to raise, lower, or maintain body temperature. For instance, depressant category drugs
usually do not affect body temperature. On the other hand, narcotic analgesics and some
inhalants may cause lowered body temperature, while stimulants, hallucinogens, and PCP
usually elevate body temperature.

Officer Conner conducted the body temperature check of Mr. Titman. Based on her
assessment, Mr. Titman was found to have a normal body temperature of 99.3 degrees F.
The normal ranges for body temperature according to the NHTSA DRE standards is 98.6
degree + or one degree (97.6 to 99.6).

Based on the reported information on officer Conners DRE evaluation, it would


appear as if Mr. Titman had a normal body temperature (99.3 degrees F). A normal
body temperature level would be consistent with the use of a CNS Depressant or a
Cannabis drug and up with a CNS Stimulant according to the NHTSA DRE
curriculum.

After the vital signs examination had been conducted, officer Conner conducted the dark
room examinations.

Dark Room Examination

The principle activity during the dark room examination is the estimation of the size of the
subjects pupils in three different lighting conditions (room light, near total darkness, and
direct light). Two other activities also take place in the dark room examination. A check of
the subjects oral cavity and nasal passages are conducted to assess possible methods of
drug ingestion and for possible trace elements of drugs themselves.

Pupil Examinations

Officer Conner stated in her DRE evaluation that she assessed Mr. Titmans eyes in all
three phases of lighting. According to NHTSA DRE curriculum the normal pupillary size
ranges vary depending on the lighting condition tested under. For room light normal
ranges from 2.5 to 5.0 mm, darkness is from 5.0 to 8.5 mm, and direct light ranges from
2.0 to 4.5mm. Each assessment of the eye for size should be evaluated using a pupilometer
that has several size dots on it in millimeters. The pupilometer is placed to the side of the
persons face and the dots on the card are measured to the actual size of the pupil.

Room light: Officer Conner first checked the pupils of Mr. Titmans eyes in room
light. Based on her evaluation Mr. Titman allegedly displayed the dilated pupil size
range of 7.5 mm in the left eye and a dilated pupil size range of 7.5 mm in the right
eye. What should be noted is that a CNS Depressant, CNS Stimulant and cannabis
can cause the pupils to be normal or dilated.

Near total darkness: Officer Conner next checked the pupil size of Mr. Lampasas
eyes in darkness. Based on her evaluation Mr. Titman allegedly displayed the dilated
pupil size range of 9.0 mm in the left eye and a dilated pupil size range of 9.0 mm in
the right eye. What should be noted is that a CNS Depressant, CNS Stimulant and
cannabis can cause the pupils to be normal or dilated.

Direct light: Officer Conner next checked the pupil size of Mr. Titmans eyes in direct
light. Based on her evaluation Mr. Titman allegedly displayed the dilated pupil size
range of 5.5 to 6.5 mm in the left eye and a dilated pupil size range of 5.5 mm to 6.5
mm in the right eye. What should be noted is that a CNS Depressant, CNS Stimulant
and cannabis can cause the pupils to be normal or dilated.

Reaction to light: In addition to checking the size of the pupils in different lighting
condition, officer Conner also assessed the pupils reaction to the light source itself.
Based on his assessment he determined that Mr. Titmans pupil reaction to light was
Slow. According to the NHTSA DRE curriculum, the response to light that is
found to be associated with a CNS Depressant and a CNS Stimulant is Slow and a
Cannabis category drug is Normal.

Oral and Nasal Cavity Assessment: Upon checking the eyes for reaction to light and
for pupil size in different lighting conditions, officer Conner examined the oral cavity
and nasal passages of Mr. Titman. According to the DRE evaluation, officer Conner
found a green tint on his tongue and vapor trails on his face when looked at with a
black light, I am not familiar with the vapor trail observations with a black light, it is
unknown if this is an extra step APD uses during the DRE evaluation since the use of
a black light is not done or talked about in the DRE curriculum. It is also unknown
if the green tongue and vapor trails can be backed up by peer reviewed science as an
indicator of any type of drug use.

Officer Conner also states that Rebound Dilation was not present in Mr. Titmans
eyes, which according to the DRE curriculum may be present when Cannabis is the
selected drug category.

After the dark room examination had been conducted, officer Conner assessed Mr.
Titmans muscle tone.

Examination of Muscle Tone

Upon completing the dark room examination, the DRE has the individual sit down and
place their arms on a table. The DRE then places their hands on the arms of the individual,
checking for normal, rigid, or flaccid muscle tone. The DRE always begins checking the
individuals muscle tone using the left arm. The upper arm is checked first and the hands
are worked down the length of the arm to determine the tone of the muscle.

This examination is conducted because different categories of drugs may cause the
muscles of the body to react in a manner other than normal. Examples of drug categories
that might possibly cause the muscles to become rigid are PCP, hallucinogens, and
stimulants. The drug categories that would likely produce symptoms of flaccid muscles
are narcotic analgesics, inhalants, and depressants. Additionally, Depressant tends to have
no effect on muscle tone. While muscle tone is important to note, the DRE is trained to
account for an individuals body fat content, which could affect these observations. The
evaluator should be diligent in their evaluation of muscular persons, since their muscle
tone is normally rigid. The same holds true for individuals who are overweight, since their
normal muscle tone is usually flaccid.

Officer Conner listed in her DRE evaluation that she assessed Mr. Titman for muscle
tone. Based on the assessment that was conducted, the officer indicated that she
believed the muscle tone was rigid.

According to the NHTSA DRE curriculum, a CNS Depressant category drugs cause
the muscle tone of the user to be flaccid, a CNS Stimulant may cause the muscle tone
to be rigid and Cannabis may cause the muscle tone to be normal.

After the muscle tone examination had been conducted, officer Conner assessed Mr.
Titman for injection sites.

Examination of Injection Sites

Often, drugs are introduced into the system by way of injection through the use of a
hypodermic needle. The needle punctures the skin and enters a vein. Once this is
accomplished, the user injects the substance into the vein so that it can be distributed
through the blood stream to achieve the desired effect.

The main area of concentration for injections sites are around the arms, in between the
fingers, around the base of the neck, or in other places that have accessible veins. The
DRE, in addition to checking for muscle tone, also looks for signs of intravenous drug use.
Scarring in and around vein lines or raised bumps or welts may indicate injection of a drug
into the system.

Whenever an injection site is found by the DRE, a schematic light with magnifier lens is
used to assess the mark. Notations of hypodermic needle marks may assist the DRE in
determining what categories of drugs may have been used. Drug categories that are most
often associated with needle use are narcotic analgesics; however, some stimulants are
introduced in this manner as well.

Officer Conner indicated in her DRE evaluation that she did assess Mr. Titman for
injection sites and none were found. The officer took the third pulse at 05:12 hours
approximately 22 minutes after the second pulse was taken. The pulse rate was
reported as 60 BPM, which according to the NHTSA DRE curriculum is a normal
pulse. According to the DRE curriculum, a CNS Depressant may cause the pulse rate
of the user to become down or up, a CNS Stimulant may cause the pulse rate of the
user to become up and Cannabis may cause the pulse to be normal. It is important to
note that any pulse that is up, down or normal could fall into any of these drug
categories.

Suspects Statements and other Observations

Based upon all of the available information gathered from the DRE evaluation to this
point, the DRE should have some idea about what category of drug was used. This
hypothesis is based on the physical and observable manifestations exhibited by the
evaluated individual during the nine previous steps. Having made sure that the evaluated
individuals constitutional rights have been given and understood, the DRE interviews the
individual, asking specific questions concerning drug use and category. The statements
given by the evaluated individual are used to support the DREs prediction of what
particular category of drug was used.

During this portion of the evaluation, the DRE should be aware that suspects make
numerous spontaneous statements that may incriminate themselves. The DRE should
make note of these types of statements that is the main element of this phase of the
evaluation.

Officer Conner indicated in her DRE evaluation that Mr. Titman denied using
anything recently (as he does on the street) stating he only had 1 woodchuck cider.
The officer also stated in her DRE report that Mr. Titman stated, the blood test is
going to show virtually nothing he was correct.

Opinion of the Investigator

By this point on the evaluation, the DRE should have formed an opinion of the category of
drug(s) responsible for any observed impairment. This opinion should be based on a
totality of the available information gathered in the evaluation.

Officer Conner stated in the DRE evaluation that she believed Mr. Titman was under
the influence of a CNS Depressant, CNS Stimulant and Cannabis.

Toxicology Analysis

The final step in the DRE evaluation is to obtain a blood or urine specimen from the
individual being evaluated and forward it to a laboratory for analysis. The analysis is
conducted to determine if a drug is in the system of the individual as well as to identify the
drug, if present. The toxicological analysis is then used to verify the category of drugs the
DRE indicated based on their evaluation.
The result from the laboratory provides corroboration and substantiation of the DREs
conclusions drawn from the previous 11 steps of the procedure conducted prior to
submission of the sample. What should be emphasized is that the role of toxicology in the
DRE program is corroborative rather than conclusive. Toxicology provides a scientific
measure that supports the fact that a person has at some time ingested a drug.

Mr. Titman voluntarily provided the officer with a sample of his blood, which was
collected and sent off to the Texas Department of Public Safety Crime Laboratory for
testing. The blood was tested and found to contain:

Amphetamines Negative
Barbiturates Negative
Benzodiazepines Negative
Carisoprodol/Meprobamate Negative
Cocaine/metabolites Negative
Opiates Negative
Phencyclidine Negative
THC/metabolite Negative

Based upon officer Conners DRE evaluation, 7 of the 9 indicators on the DRE
matrix card were consistent with a CNS Depressant, 6 of the 9 indicators were
consistent with a CNS Stimulant and 7 of the 9 were consistent with Cannabis.

End Written Report


DRE Drug Matrix CNS Depressant Mr. Titman Consistent with use of a
(Expected) (Found) CNS Depressant
Card
HGN Yes Yes Yes
VGN Yes/No Yes/No Yes/No
LACK OF Present Present Yes
CONVERGENCE
PUPIL SIZE Normal (1) Dilated/Dilated/ Yes/No
Dilated
PUPIL REACTION TO Slow Slow Yes
LIGHT
PULSE RATE Down (2) Up, Up, Normal No/Yes

BLOOD PRESSURE Down Up No

BODY TEMPERATURE Normal Normal Yes

MUSCLE Flacid Rigid No


TONE

DRE Drug Matrix CNS Stimulant Mr. Titman Consistent with use of a
(Expected) (Found) CNS Stimulant
Card
HGN No Yes No
VGN No No Yes
LACK OF None Present No
CONVERGENCE
PUPIL SIZE Normal (1) Dilated/Dilated/ Yes/No
Dilated
PUPIL REACTION TO Slow Slow Yes
LIGHT
PULSE RATE Up Up, Up, Normal Yes/Yes/No

BLOOD PRESSURE Up Up Yes

BODY TEMPERATURE Up Normal No

MUSCLE Rigid Rigid Yes


TONE

DRE Drug Matrix Cannabis Mr. Titman Consistent with use of


(Expected) (Found) Cannabis
Card
HGN No Yes No
VGN No No Yes
LACK OF Present Present Yes
CONVERGENCE
PUPIL SIZE Dilated (6) Dilated/Dilated/ Yes/No
Dilated
PUPIL REACTION TO Normal Slow No
LIGHT
PULSE RATE Up Up, Up, Normal Yes/Yes/No

BLOOD PRESSURE Up Up Yes


BODY TEMPERATURE Normal Normal Yes

MUSCLE Normal Normal Yes


TONE

1. Soma and Quaaludes and some anti-depressants usually dilate pupils


2. Quaaludes, Alcohol and possibly some anti-depressants may elevate
3. Certain psychedelic amphetamines cause slowing
4. Normal, but may be dilated
5. Down with anesthetic gases, up with volatile solvents and aerosols.
6. Pupil size possibly normal

DRE Normal Values


Normal Values
PUPIL SIZE Room light Old Value
2.5 to 5.0 mm
Darkness 3.0 to 6.5
5.0 to 8.5 mm
Direct light
2.0 to 4.5 mm

PULSE RATE Beats per Minute


60-90
BLOOD PRESSURE Systolic
120-140 mmHg
Diastolic
70-90 mmHg
BODY 98.6 Degrees
TEMPERATURE + or / 1degree F
7 Drug Categories: Signs, Symptoms, Effects and Methods of Administration
Methaqualone Methamphetamin Exhibits effects: Very short awareness of
4-8 hours e Psilocybin 4-6 Hours duration effects
12 Hours 2-3 Hours
METHODS OF Oral Insufflation (snort) Oral Smoked, Injected, Insufflated Smoked
ADMINISTRATION Injected Smoked Injected, Insufflated Smoked (Snort) Oral
Injected Insufflation Oral Insufflated
Oral (Snort) Injected (snort)
Smoked Eye drops Oral
Transdermal

OVERDOSE SIGNS Shallow Agitation, Long intense trip Long intense trip Slow shallow Coma Fatigue,
breathing, Cold Increased body breathing, Paranoia
clammy skin, temperature, clammy skin,
Pupils dilated, Hallucinations, Coma
Rapid weak Convulsions
pulse, Coma