DARE TO BE IMPAIRED

Suspected drug-impaired drivers now face a battery of tests if they
are stopped by the Antigonish RCMP.

As of July 2, an amended Criminal Code of Canada has made it mandatory
to comply with a drug recognition expert (DRE) demand given by a peace
officer. In order to determine if a driver is drug impaired, several
police officers across Canada, including Cst. Melanie Geoffrion of the
Antigonish RCMP, have been trained as drug recognition experts.

"Before July 2, drivers suspected of being impaired by drugs could
only be tested on a voluntary basis," Geoffrion - one of only two
certified DREs in the North East Nova region - said in an interview at
the Antigonish RCMP detachment.

"Now, if suspected of being impaired by drugs, a driver must undergo a
12-step evaluation by a drug recognition expert."

That evaluation includes everything from the suspected drug-impaired
driver walking a straight line to an eye examination. Included under
Bill C-2 - the Tackling Violent Crime Act - the much-debated
legislation includes tougher penalties and mandatory tests for
suspected drug-impaired drivers.

If the driver is determined to be impaired after Geoffrion performs
her drug evaluation, he or she is required to provide a mandatory
sample of bodily fluids.

"That sample gets sent to the lab for analysis, but it is only to
confirm my call (findings) as the DRE. I make the call as to which
category of drugs the individual is under the influence of and I have
my call confirmed, and not the opposite," Geoffrion said.

Before the amendments to the Criminal Code, the bodily fluids test
(drug evaluation and classification assessment) was voluntary.

Convicted drug or alcohol impaired drivers now face a minimum fine of
$1,000 for a first offence.

When a police officer pulls someone over and has grounds to believe
the driver is impaired, but they cannot smell alcohol, Geoffrion gets
the call.

"Following my evaluation, I am able to determine which category of
drugs the driver is under the influence."

For the DRE, Geoffrion said there are seven categories of
drugs.

"Of course for a pharmacist there could be hundreds of categories. For
a DRE, it has been scientifically proven the drugs in each of the
seven categories have specifics effect on the human body," she
explained, noting cocaine and crystal methamphetamine would be under
the same category as a central nervous system stimulant.

Geoffrion had to learn about hundreds of drugs and their effects
during the training process.

"The important part of the evaluation is it is one thing to be able to
determine which drug or drugs the driver is under the influence (of),
but I have to prove the driver's level of impairment is such that he
or she is unable to operate a motor vehicle safely."

Geoffrion said a breathalyser is administered initially to determine
if the person is under the influence of alcohol.

"We do a breath test initially to eliminate alcohol. Sometimes there
is alcohol and drugs present, but we have to prove alcohol is not the
major factor of impairment," she said.

"There is not a machine per se to determine what the person is on or
their level of impairment, so that is why they train police officers."

The new legislation has ignited cautions about the potential battles
over the intrusiveness of demanding bodily fluids from someone.

Although there is not a mechanism to determine impairment - like with
alcohol - Geoffrion said myriad of factors play a role in her
determination.

"I don't make my call based on one thing. I look at the whole picture.
One of the (indications) will always be predominant."

Geoffrion pointed out refusing to comply with a DRE demand is a
criminal offence.

"It is punishable by the same penalties for refusing a demand for a
breath test," she said.

When Sgt. Tony Perry of the Antigonish detachment made the offer to
Geoffrion to take the DRE training, the six-year RCMP veteran jumped
at the opportunity.

"I am always willing to learn new things. I said 'yes' although I did
not know what I was getting myself into," she said, noting the
challenge of starting from scratch on the scientific side of things.

Geoffrion completed a comprehensive training program, including one
week in PEI and two weeks in Halifax. She then travelled to Phoenix,
Arizona, for a one-week certification program with the Maricopa County
Sheriff's office - a major detention centre in the southern state.

"After several exams and many hands-on evaluations, I was certified by
the International Association of Chiefs of Police as a drug
recognition expert," she said.

The DRE program was established in the 1970s in Los Angeles,
California. It has been utilized as an enforcement tool in most of the
United States since. It has been a law enforcement option in British
Columbia since 1995 on a voluntary basis.

Geoffrion said the DRE option will be helpful because there are
misconceptions about how drug use does not impair the ability to
operate a motor vehicle. She pointed out she hears that a lot from St.
F.X. students.

"People think they are going to smoke a joint and that they drive
better after they smoke. They think they pay more attention, but they
actually cannot divide their attention," she said.

Geoffrion said a driver must be able to divide their attention.
Drug-impaired drivers cannot multi-task and do that.

"Someone under the influence of cannabis may be able to drive
perfectly straight between the two lines, but they won't see that red
light. That's when they are going to get pulled over. That's how
people get themselves into trouble."

Concerns with drug-impaired drivers are not exclusive to those using
illegal drugs.

"Prescription drugs are also being abused. People who are not using
legal drugs the way they should by doctor's instructions can impair
their ability to operate a vehicle just as much as marijuana or
anything else."

Geoffrion has been passing on her expertise to fellow officers. As a
DRE, she must renew her certification on a yearly basis. Eventually,
she wants to become an instructor in the discipline.

When an RCMP member suspects a case of driving under the influence of
drugs, Geoffrion is now only a phone call away. "If there are signs of
impairment and you cannot smell alcohol, call Melanie," she said.