There are two definitions of the word drug that we typically work with. The definition under Arkansas law is: “Controlled substance means a drug, substance, or immediate precursor in Schedules I through VI. The fact that any person charged with a violation of this act is or has been entitled to use that drug or controlled substance under the laws of this state shall not constitute a defense against any charge of violating this act.”
The definition of a drug in DRE protocol is: “Any substance, which when taken into the human body, can impair the ability of the person to operate a vehicle safely.” Please keep in mind that this is an extremely broad definition.
A Drug Recognition Expert (DRE) is a title given to police officers who have received specialized training. This training has an emphasis on recognizing when people have drugs (both prescription and legal) in their system. DREs then testify in cases involving drugs and DWIs.
According to the National Highway Traffic Safety Administration, when a DRE claimed drugs were present, they were almost always in the blood 94% of the time. However, percentages in the Police Officers Training Manual are more revealing. Take a look for yourself below: