Every time law enforcement officers step out of the patrol car or administer a field sobriety test, they are at risk. So it’s important that the tests and the technology used be safe, reliable, quick and accurate, every time. Today’s drug recognition experts (DREs) are amazingly accurate in their evaluations, but any technology that assists in the identification of drug use and drugs can only be an asset moving forward.
There has been quite a lot of development in both areas, on-site alcohol and drug testing and the on-site identification of illegal drugs. As more states legalize marijuana and with the increasing proliferation of the use of illegal drugs, driving under the influence is becoming more prevalent.
Law Enforcement Technology spoke with three leading companies in this area to find out where things are and where they are going.
HGpeN
The HGpeN is mainly designed to test for intoxication due to the introduction of alcohol into the system. It also assists with detecting drug use through another field sobriety test—the Vertical Gaze Nystagmus test.
The closest product in comparison available is the Stylist. However, “[that] is simply a pen with an LED light on top,” says John Vickers, general manager of HGpeN.
“The HGpeN standardizes the HGN field sobriety tests,” says Vickers. “Currently, officers use a pen, a pencil, their fingers, or whatever they have available to them. Because the test is a divided attention test, the officer is tasked with giving instructions, moving the instrument, counting to themselves while concentrating on the subject’s eye movement, and observing how many clues they find as evidence of intoxication. The HGpeN takes the guesswork and some of the human error out of the equation.”
The goal of the HGpeN is to take away some of the room for human error while improving the odds of successful prosecution in the courtroom. “It is much harder for a defense attorney to attack the administration of the test,” says Vickers.
The use of HGpeN has not been tested in a court case yet, but because the HGN is one of three field sobriety tests mandated by the National Highway Safety Administration, there is no reason the HGpeN would not be allowed in the prosecution of theses cases.
“The HGpeN is used on one subject at a time and is very user friendly,” adds Vickers. “It both vibrates and beeps the sequence of seconds as mandated. There are no issues with civil rights… as the field sobriety tests have already been approved and accepted.
The only thing stopping law enforcement from widespread adoption, according to Vickers, is budgeting the cost. “Anytime new technology is introduced into the criminal justice system, the ability for law enforcement to purchase the new equipment is always an issue. As technology advances, the ability to test on-site will become easier and easier.
“The goal is to conduct standardized field sobriety tests in an accurate, ‘standardized’ way, and prosecute the offenders,” he says. “The HGpeN helps to accomplish these goals.”
Alere
Taking on-site testing to the next level, the Alere DDS2 Mobile Forensic Test System is a portable handheld analyzer providing a combination of speed, ease of use, reliability and accuracy when analyzing potential illegal substances.
“Created with relevant technological advancements, the DDS2 has made roadside drug testing simple and convenient,” says Product Manager Fred Delfino, Alere Toxicology, Alere DDS2 System.
He adds that “combined with oral fluid, getting accurate results at the roadside is an easy process. There are no privacy issues or special facilities needed for collection as may be required for urine or blood.” Oral fluid samples can be collected anywhere. This advantage allows an officer to collect and test closest to the time of the traffic stop. Meanwhile, blood or urine collection can take hours—risking the chance of plummeting drug levels. Instrument-based testing with the Alere DDS2 allows an officer to collect a sample in 60 seconds or less and have test results for six drugs in five minutes: Amphetamines, Benzodiazepines, Cocaine, Methamphetamines, Opiates, and THC.
On-site test results empower the officer to take immediate action at the point of the traffic stop or accident. The driver can be removed from the road if need be. Drugged driving is a major problem across the globe and the Alere system provides the portable technology needed to screen suspected drugged drivers.
Oral fluid is an indicator of recent drug use, not historical use. After DREs have conducted their observations and made a determination, the test can confirm and add to the probable cause of the case. The Alere mobile technology can be used should a DRE not be available. The DDS2 portability makes testing in the field easy and usable in any type of vehicle.
Finally, the Alere system is instrument-based technology. The officer is not responsible for result interpretation. The device interprets the test results, then provides an on-screen result with a printout if required, avoiding any subjectivity. All of the test data is saved in the analyzer’s memory—capable of storing over 10,000 test records.
“There is no disadvantage to having the ability to screen drivers for DUID at the roadside,” says Delfino. “The concern is keeping our roadways safe and trying to minimize traffic deaths from drivers operating a vehicle while under the influence of drugs.” Unfortunately, the technology does not detect synthetic marijuana like K2 or Spice.
“In the overall comparison to other products used by law enforcement, the Alere DDS2 is priced comparatively,” he says. “Potentially, this type of testing is known to save money in lab costs and possible court costs as defendants typically tend to plea out early.” After the initial buy, agencies would need only purchase testing cartridges as needed—available 25 per box. On top of that, Delfino explains that the system can be purchased with National Highway Traffic Safety Administration (NHTSA) highway safety dollars since it meets the exemption requirement of less than $5,000.
With officer safety by the roadside a concern, the Alere instrument does all the work once the swab has been inserted into the test cartridge. All the officer needs to do at that point is wait to hear the beeping sound, which indicates the test results are ready to view on the LCD screen. This allows the officer to remain focused on the subject at all times and reduces the chance of an incident.
The testing process is simple, fast, and accurate using a three-step process: insert test cartridge; collect sample; insert swab into test cartridge and wait for test results.
“The time for the DDS2 to power up is just a few seconds, then the device alerts the officer it is ready for the cartridge to be inserted,” Delfino explains. “Once inserted, the DDS2 goes through a cartridge validation process, which takes seconds, to make sure it has not be used and is within expiration date. The DDS2 then prompts for the collection swab to be inserted into the test cartridge. The screen displays a five-minute countdown to test completion…so you could test approximately 12 people in 60 minutes.”
According to Delfino, recently in California there was a case where an oral fluid immunoassay drug screen was accepted as evidence in a court hearing on a driver. The sample was confirmed by an alternate method at a forensic laboratory. The main focus was the acceptance of oral fluid as a sample. Immunoassays are used in most laboratories as the primary initial screening test. Note, all preliminary positive test results should go on for further confirmation testing.
“The future looks promising with the increased need for roadside testing of drivers,” Delfino says. “With the legalization of marijuana and abuse of opiates and other drugs, these type of tools can only help. More widespread adoption of oral fluid as an accepted sample will help states use this type of new technology. Currently oral fluid is only written into law in about 15 to 16 states and pending in a handful of others, so this is a main contributing factor.” Oral fluid was not scientifically proven as a specimen when DUI laws were drafted. Today it has been more widely accepted and used in many different drug testing applications like the workplace, clinical, corrections probation, and parole, says Delfino.
“The demand has been increasing, quite significantly this year, as the awareness of drugged driving has increased,” he says. “As the awareness of the product grows, we do expect to see the use become more widespread.”
Any department interested in doing roadside testing should consider doing a pilot project. This would be able to act as a guide through critical elements, establish a list of stakeholders, and define goals and objectives.
“Next,” suggests Delfino, “look to use an instrumented testing product to eliminate any result interpretation issues and for the ability to print and save results electronically. Having a lab in place to conduct confirmation testing with oral fluid or blood is also recommended.”
The TruNarc
The Thermo Fisher Scientific TruNarc handheld analyzer gives officers the ability to field test a suspected narcotic safely and rapidly. A single test scans a sample for more than 150 different drugs of abuse in the analyzer’s library. In most cases, the officers do not need to open up the packaging, which increases officer safety as there is no risk of exposure to unknown substances.
“By giving officers the ability to have better information in the field, the TruNarc analyzer allows them to make quicker and better decisions,” says Mike Nagel, U.S./global law enforcement leader, safety and security for Thermo Fisher Scientific.
The analyzer was designed to provide officers the information they need to make an arrest. “In many jurisdictions, these results also expedite the criminal justice system—reports from the TruNarc analyzer are being used as drug evidence in preliminary hearings and grand juries,” says Nagel.
He adds that the accuracy of TruNarc results helps to relieve drug case backlogs and brings drug offenders to treatment quicker.
TruNarc helps the lab by performing the initial, presumptive test. Since many cases are settled pre-trial, these drug samples do not need to go to confirmatory testing in the lab, relieving this burden.
“For most samples, the officer simply holds a baggy, pill, or clear bottle against the nose cone of the TruNarc analyzer, which utilizes Raman spectroscopy (a widely used and accepted analytical technique),” Nagle says. He explains how it works: a laser light strikes the sample, the light scatters and is collected to create a Raman spectrum or chemical fingerprint, relieving the officer from making any identification determination. This spectrum is stored for later court use, or further analysis by a chemist. The tests are performed in less than 90 seconds.
“Raman spectroscopy will become more prevalent as technology traditionally available only in a lab is increasingly available for use in the field,” Nagle says. “The technology is more accurate, safer and more selective than current field methods. Law enforcement officials are now able to know exactly what they are handling, enabling them to make better decisions, levy charges more accurately and treat suspects more fairly. Most important, they can better protect their communities from the ever-increasing onslaught of new synthesized drugs.”
The TruNarc analyzer has a long list of benign chemicals, so it can also prove immediately that a drug is not present. At no cost to customers, this “library” contains the vast majority of substances commonly abused, an ever growing list of synthetic drugs, and updated accounting for new threats. This allows suspects to avoid a lengthy prosecutorial process to clear their name.
“It takes time for law enforcement organizations and the court system to adopt and be comfortable with a new and [potentially] disruptive technology,” Nagle says. To truly maximize the benefits of new technology and instrumentation, he suggests collaborating with the labs, prosecutors and district attorneys. “There are benefits across the board with faster, safer and more accurate field identification. Drug cases move along faster and offenders get the treatment they need quickly as a result of immediate plea deals.”
As technology develops and becomes available in the field, law enforcement has to keep an open mind and be ready to adopt new procedures and products that help them do their jobs more safely, more efficiently and more accurately.
Keith W. Strandberg is an American freelance writer and award-winning screenwriter/producer of feature films living in Switzerland. He was a former contributing editor for LET more than a decade ago.
