One evening in late September, a man driving near Junction City, Oregon, was pulled over by a state trooper for committing a traffic violation and shortly thereafter was arrested on suspicion of driving under the influence of intoxicants. He was then taken about 15 miles south to the Lane County Corrections Division, where he would await the arrival of officer Adam Lillengreen, a certified drug recognition expert with the University of Oregon Police Department.
Because breathalyzers can only detect the presence of alcohol, police departments nationwide rely on these experts to discern what other drugs might be impairing someone suspected of a DUII.
“When a person is arrested for DUII in non-alcohol or low-alcohol cases, a DRE is called in to conduct a drug influence evaluation,” said Travis Cooper, a DRE with the Eugene Police Department. “This is a 12-step process which includes more field sobriety tests, an interview, a taking of vital signs, pupil measurements and reaction, among other things.”
In order to get his certification as a DRE, Lillengreen had to complete over 100 hours of training and then pass an eight-hour final examination. He is one of only 18 in Lane County, which has a far greater demand for drug evaluations than these officers can keep up with.
“Statewide, and specific to Lane County, we do have difficulty keeping up with the requests,” said Evan Sether, the Oregon DRE state coordinator. “Between normal calls for service, time off, personal days off, etc., there are just not enough DREs to handle every request that comes in across the state.”
Although Lillengreen is a UOPD officer, he estimates that about 85 percent of his drug evaluations are performed on people other than UO students.
The Evaluation
When Lillengreen arrived at the Lane County Corrections Division, he first met with the arresting officer, Heather West with Oregon State Police, who explained that she arrested the suspect because of his sweating, fidgeting, stiff posture, sunken eyes and for being “overly talkative but kind of slow processing things.” Lillengreen then entered the room where the suspect, a man named Chris, was waiting for the drug evaluation.
Lillengreen began by introducing himself and explaining what he would be doing during the evaluation. He also offered Chris some advice.
“The best advice I can give you is to tell the truth always,” Lillengreen told Chris prior to asking about his background, as well as asking some questions to test his cognition.
While Lillengreen was checking the man’s pulse, Chris was able to accurately recall the date, the time and the product of 36 times 2. “That would be 72,” Chris said after a few moments of calculation.
Lillengreen then performed a series of coordination tests, beginning with tossing a small box back and forth with Chris, followed by using a flashlight pen to track abnormalities in his eye movements.
Up next was the Modified Romberg Balance test, in which Chris stood heel to heel, arms at his side, head tilted back and eyes closed. “After 30 seconds has passed, lower your head and open your eyes,” said Lillengreen.
Chris was able to maintain his balance, but his eyes were rapidly fluttering, and he opened them after only 19 seconds.
Chris’s performance on the remaining coordination tests didn’t appear to concern Lillengreen, but a high blood pressure reading of 150 over 108 got the officer’s attention. When asked questions about his blood pressure, Chris provided a winding explanation that raised Lillengreen’s suspicions.
“I just want to reiterate – don’t lie to me,” said the officer.
The pupilometer test was also problematic for Chris. Lillengreen taped a glow in the dark star to the wall before closing the door and flipping the light switch off. After waiting two minutes for his eyes to adjust to the dark, Chris was then told to stare at the star while Lillengreen shined a small flashlight in his eyes and measured his pupil size, which contracted only slightly in response to the light.
Lillengreen concluded his examination by asking questions about Chris’s drug consumption. Chris denied having ever been a drug user and insisted that he was completely sober, but Lillengreen had a different assessment.
Based on Chris’s high blood pressure, rigid posture, rapid eye fluctuations and “way above average” pupil dilation, Lillengreen said that he was making the “call” that Chris was under the influence of a central nervous system stimulant, which can include drugs like cocaine and methamphetamines.
“I’m not on anything,” said Chris. “I want to do a blood and urine test. I want to prove I’m not on anything.”
But according to Lillengreen, Oregon State Police doesn’t take blood samples for suspected DUIIs, and it will take a minimum of six months for the urine sample to be analyzed.
Lillengreen also said he takes into account the “totality of the situation” when writing his report, meaning that he can include more subjective evidence like Chris’s nervousness and the way in which Chris denied using drugs. Sometimes he will change his final evaluation after reviewing all the evidence and realizing that he based his conclusion too much on one thing.
After being led to a portable toilet in the parking lot to provide a urine sample, Chris was issued a citation for DUII by his arresting officer and released. Lillengreen said that even if Chris’s urine sample doesn’t test positive for any substances, the district attorney’s office could still file criminal charges based on the drug evaluation.