DRUG TRAINING MUST PROVE RELIABLE IN COURT

Police officers face a dilemma when a driver is stopped and appears to be
impaired by drug use. The officers have little evidence to prove that
impairment.

Chemical tests can prove the existence of drugs, but they don't show the
driver is impaired, and it can take days for results, which makes it
difficult to charge them with driving under the influence of drugs.

The Grand Island Police Department hopes that recent training will change
that and make it easier to make a DUI case against someone using drugs and
driving.

Five officers have received training as drug recognition experts. The drug
recognition experts use a seven-step, one-hour physical examination that
focuses on abnormal reactions caused by drugs. These include narrow pupils,
heightened heartbeats and blood pressure and hyperactive behavior.

We praise the Grand Island Police Department for increasing its efforts and
effectiveness in getting drug-impaired drivers off the roads. It's a
serious matter. A lot of attention is given to drunk drivers, but those
taking illegal drugs can be just as dangerous, or even more so, when they
hit the road. And usually, it's innocent people who are endangered when an
impaired person is driving.

So the police effort is good. However, there are serious questions about
how well the drug officers' testimony will stand up in court.

The two Hall County Court judges have agreed to accept the testimony,
saying it meets the standards for scientific testimony.

However, not all legal experts agree with that opinion, and neither the
Nebraska Supreme Court nor the Nebraska Court of Appeals has ruled on the
use of drug recognition experts in court.

The critics have legitimate concerns. Although the drug officers go through
10 days of intensive training, they still are not medical personnel who
have years of training.

In addition, much of the drug evaluation is subjective. Who wouldn't be
nervous when pulled over by the police? That leaves the evaluation process
open to abuse by officers.

So whether drug recognition experts' testimony will ultimately be allowed
in court is still up in the air.

And that's a big question. Getting drug-impaired drivers off the streets is
good, but the evaluation needs to translate into court where it will be
able to uphold a conviction.

We urge more scientific study on the drug evaluations so they are a
creditable tool for a conviction.