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Here’s how NH police’s drug experts evaluate impaired drivers

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Here’s how NH police’s drug experts evaluate impaired drivers


It’s the middle of the night on Interstate 93 in New Hampshire, and a pulled-over driver appears to be under the influence of something other than alcohol. There are 64 specially trained police officers in the state that can be called to the scene to conduct a multi-tiered evaluation.

Drug recognition experts, which exist in all 50 states, are members of law enforcement trained to recognize drivers impaired by substances other than, or in addition to, alcohol that cannot be detected by roadside tests or Breathalyzers. 

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Those can include cannabis, heroin, cocaine, methamphetamine, hallucinogens, and anti-anxiety tranquilizers, among others. In addition to their on-scene evaluations, DREs also provide expert witness testimony during trials where drugged driving is alleged.

In an effort to improve the “efficiency, completeness, and consistency” of the state’s drug recognition experts and their procedures,” the New Hampshire Department of Safety is slated to receive assistance from the National Highway Traffic Safety Administration.

The NHTSA launched a program in August to provide state DRE programs with new resources, technology, tools, and strategies. The New Hampshire Department of Safety was notified in October that it would receive more than $83,000 in resources, including 85 new Samsung Galaxy tablets. 

“Data will be collected from the participating state DRE coordinators to identify whether or not the implemented strategies have improved DRE processes and procedures,” DOS Commissioner Robert Quinn wrote in documents to the Executive Council. “Ultimately this will lead to better evidence for prosecution of drug impaired drivers, wider implementation of identified strategies, and getting drug impaired drivers off the roads.”

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New Hampshire saw a 47 percent increase in traffic fatilities between 2019 and 2022, according to the NHTSA. In 2021, state data shows, 118 people were killed in crashes, and of those, 70.3 percent were alcohol and/or drug related. In 2022, 146 people were killed in crashes.

Though widely utilized throughout the U.S. for more than 40 years, DREs have been controversial, particularly among defense attorneys and public defenders. Specifically, there has been debate over whether their findings are scientifically reliable and admissible in court, as well as the risk for false arrest. 

Last month, the state Supreme Court in New Jersey ruled evidence from DREs are admissible, but with “limitations and safeguards” in place. In a split decision, justices admitted uncertainty on whether such experts accurately detect impairment.

The International Association of Chiefs of Police, which coordinates the international DRE program, says: “Nothing in or about the DRE protocol is new or novel. The DRE protocol is a compilation of tests that physicians have used for decades to identify and assess alcohol- and/or drug-induced impairment.”

Meanwhile, the role DREs play has been spotlighted as critical in states that have legalized cannabis. And yet, “high” driving has proven difficult to police, because law enforcement cannot detect cannabis with a roadside Breathalyzer and there is no national standard for it like blood alcohol content. In addition, THC can remain in a person’s blood for longer periods of time after use. 

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In Minnesota earlier this year, for example, the state legislature approved $15 million over the next two years to train more DREs as the state enters a new chapter of cannabis legalization. In the legalization bill killed by the New Hampshire Senate in May, 5 percent of revenue would have been dedicated to hire and train more DREs.

In order to become certified as a drug recognition expert, a law enforcement officer must complete training and field work through the International Drug Evaluation and Classification (DEC) Program, which is administered by the International Association of Chiefs of Police. Each state has a local DRE coordinator. New Hampshire State Police have been participating in the program since 1991, and during fiscal year 2023 had 23 DREs on staff. 

Statewide, there are currently 64 DREs, a DOS spokesperson said. DREs can respond throughout the state to perform an evaluation and are not beholden to a particular jurisdiction, meaning an agency without a DRE on staff can request one to a scene. 

These trained law enforcement officers conduct a “standardized and systematic” 12-step process to assess drivers. Throughout the process, DREs aim to determine whether a driver is impaired; whether the impairment relates to drugs or a medical condition; and if drugs, what category or combination of categories of drugs are the likely cause of the impairment. 

The 12 steps are:

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  1. Breath alcohol test by arresting officer, DRE may then be requested
  2. DRE interviews arresting officer
  3. Preliminary examination and first pulse
  4. Eye examination
  5. Four psychophysical tests, such as walking, balancing, and finger to nose
  6. Vital signs and second pulse
  7. Pupil examination under different lighting conditions
  8. Muscle tone examination
  9. Check for injection sites and third pulse
  10. Subject’s statement and other observations
  11. Analysis and opinion of DRE
  12. Toxicological examination

Numbers provided by the DOS show 85 DRE evaluations have been conducted in 2023, while 66 occurred in 2022, 70 in 2021, and 87 in 2020. The DOS said it anticipates the number of requests for DRE evaluations will continue to increase as it expands training for all law enforcement officers to identify someone displaying observable signs and symptoms of drug impairment while operating a motor vehicle.

As part of participation in the NHTSA program, New Hampshire’s DREs will be required to provide detailed monthly reports and data showing if the new resources are aiding in improved processes and procedures. Ultimately, a contractor will provide the NHTSA with a final report consisting of recommendations and successful practice examples to strengthen programs across the country.

This story was originally published by the New Hampshire Bulletin



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New Hampshire

Hypothermic hiker rescued after stranded in waist-deep snow amid wind chills near zero

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Hypothermic hiker rescued after stranded in waist-deep snow amid wind chills near zero


MOUNT LAFAYETTE, N.H. – A hiker was rescued on Thursday after becoming lost and suffering from hypothermia during a solo hike in central New Hampshire.

Patrick Bittman, 28, of Portland, Maine, had embarked on a hike to see the sunrise from Mount Lafayette on Wednesday night.

Officials said Bittman came upon deep blowing snow near the summit of Little Haystack on Franconia Ridge, forcing him to come back down the mountain.

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On his return, however, he became lost and ended up moving into the Dry Brook drainage, where temperatures dropped to around 20 with wind chills near zero.

After spending the night lost on the mountain, Bittman called 911 on Thursday morning. He said that his limbs were frozen, he was experiencing hypothermia and that he was no longer able to move through the snow, which was several feet deep.

HOW TO WATCH FOX WEATHER

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Ground crews with the New Hampshire Fish and Game Department and Pemi Valley Search and Rescue Team, along with an aerial crew with the Army National Guard, responded to his call.

However, they faced poor visibility from cloud cover and intermittent snow squalls over the steep terrain and thick vegetation, forcing them to adjust their approach to rescuing Bittman.

The first ground rescuers had to spend an hour bushwhacking 1,000 feet of vegetation off the trail to reach Bittman by early Thursday afternoon. By then, he was found suffering severe hypothermia and was placed in an emergency sleeping bag for shelter and given warm, dry clothes and warm fluids.

Two hours later, weather conditions allowed for the Army National Guard to reach Bittman with a medic. They hoisted the young man into the helicopter and then was flown to a local hospital for treatment. 

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“This aerial rescue saved a multi-hour carry out thru rugged terrain and is a testament as to how search and rescue works in New Hampshire with several different groups working together for a common goal,” New Hampshire Fish & Game officials said.



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Distant Dome: Christmas Comes for Some in New Hampshire

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Distant Dome: Christmas Comes for Some in New Hampshire


By GARRY RAYNO, Distant Dome

Christmas in New Hampshire is upside down if you are the Granite State’s government.

New Hampshire lawmakers have decreed that most of the “gifts” from the state do not go to the needy, but to those on the other end of the economic spectrum.

With Republicans again firmly in charge of the legislature and governor’s office, the “mandate” according to House Majority Leader Jason Osborne, R-Auburn, will focus on “lowering taxes, cutting wasteful spending, growing our economy, empowering parents with the Parents Bill of Rights and expanding the wildly successful Education Freedom Account program.”

The question is who benefits the most from “lowering taxes” and “cutting wasteful spending,” and what is “wasteful spending,” services for poor women who go to Planned Parenthood clinics because they cannot afford to go to a private practice physician?

For the better part of a decade now, Republicans have voted to cut the rates of the state’s two business taxes, the business profits tax and the business enterprise tax.

The larger collector, the business profits tax, receives the vast majority of its revenue from multinational corporations not based in New Hampshire, but who do business here.

The business enterprise tax is a value added tax on every business in New Hampshire although many very small businesses are exempt from paying.

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Now you might think lowering the rate of the business enterprise tax would benefit local businesses more than cutting the rate of the business profits tax and that would be a no brainer for lawmakers, but no, they lowered the rate for the business profits tax more frequently and far greater than they did the tax rate of the business enterprise tax.

Who did that help more? Large multinational corporations received the bulk of that benefit not your local business owners who do not reach across continents and cultures to soften the blow of taxes.

And in a little over a week, the one state tax that actually taxes wealth will be eliminated although it produced $185 million in revenue last fiscal year. Can you imagine what $185 million would do spread across the university and community college systems to reduce tuition for New Hampshire students?

Who pays the interest and dividends tax? About 90 percent of the revenue comes from the top five percent of wealth holders in the state. That is not most of us or our neighbors.

Well you might say, what about property taxes which every home, building and land owner pays in the state, surely they too should have a lower tax rate.

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Have you checked the tax bill you are about to pay in a little over a week? I don’t know about your tax bill, but mine had a hefty increase this year, and I suspect yours did too.

And with the state facing a budget crisis not seen in two decades, you are likely to see it go up even more after the lawmakers are finished crafting the next two-year budget this spring as more state costs are likely to be downshifted to local property tax payers as they were two decades ago when the state stopped paying its share of the retirement system costs for municipal, school and county workers as they had since the unified system was created during the last century.

That sifted tens of millions of costs to local property taxes that the state once paid.

There are two Christmas presents the majority of local property taxpayers sort of received in the last year, two superior court decisions declaring the state’s education funding system unconstitutional, inequitable and too meager to cover the cost of an adequate education, which is every child’s fundamental, constitutional right.

Those two decisions in the ConVal and Rand cases — if acted on by lawmakers — could have lowered the property taxes of the poorer communities hit hardest by the state’s education funding system like Claremont, Berlin, Franklin, Newport, Pittsfield and others.

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But that change would increase the property taxes in communities with the lowest rates in the state with the greatest property wealth, so in New Hampshire’s upside down Christmas world, lawmakers did not take the bait and instead did nothing keeping the current system in place.

We don’t want the taxpayers in those property wealthy communities saying “Bah Humbug” this time of year lawmakers might as well have said.

Elementary and secondary education is not the only place New Hampshire lawmakers traditionally shortchange the poorer residents, they do so in post-secondary education as well with tuition costs that are second only to Vermont for in-state students in the country.

Is it any wonder New Hampshire students have the highest debt load of any in the country when they graduate from college?

While the university and community college systems have held tuition costs near steady for in-state students for the last few years, they cannot do that forever with shrinking enrollments, reduced programs and fewer full-time faculty members.

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There is a Christmas flavored program that began four years ago, the Education Freedom Account program that was sold by Education Commissioner Frank Edelblut and others as an alternative for poor families whose children have trouble in the public school environment.

However 70 to 75 percent of the students were not in public schools when they joined the program, they were in private or religious schools or homeschooled.

In other words, parents already sending their children to private or religious schools or homeschooling have been able to gain a state taxpayer-funded subsidy to cover the costs the parents were paying.

The program is currently capped at 350 percent of poverty, which is a salary of $71,540 for a family of two and $109,200 for a family of four.

The legislature defeated an attempt to raise the rate higher last session to 425 percent of poverty level, or up to $133,600 annually for a family of four and $86,870 for a two-member family.

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The federal government estimates the median income in New Hampshire for a family of four is $133,447.

One bill in the upcoming session would do away with any income cap which would allow anyone with school-age children to apply for a grant of about $5,200 per student, a provision that is bankrupting Arizona, North Carolina and several other states with no cap.

But the program has gifted many religious and small private schools struggling to survive with a great deal of state money, money that once was forbidden for religious schools.

And another beneficiary of the program, the single biggest vendor for the parents using state money, is Amazon.

Does Jeff Bozos really need any more of your state tax dollars? I doubt it, especially at Christmas time.

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Merry Christmas and to all a good night.

Garry Rayno may be reached at garry.rayno@yahoo.com.

Distant Dome by veteran journalist Garry Rayno explores a broader perspective on the State House and state happenings for InDepthNH.org. Over his three-decade career, Rayno covered the NH State House for the New Hampshire Union Leader and Foster’s Daily Democrat. During his career, his coverage spanned the news spectrum, from local planning, school and select boards, to national issues such as electric industry deregulation and Presidential primaries. Rayno lives with his wife Carolyn in New London



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Homeless Persons’ Memorial Day vigils in Dover, Portsmouth, around NH

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Homeless Persons’ Memorial Day vigils in Dover, Portsmouth, around NH


Nearly a dozen New Hampshire communities are hosting vigils this week to remember friends and family who passed away because of homelessness this year. Keene hosted a vigil on Monday, Concord had one Thursday, and more are scheduled Saturday, including in Dover and Portsmouth.

“It’s the first night of winter, the longest night of the year, the darkest day of the year,” said Maggie Fogarty from the American Friends Service Committee. “It’s a good time for a solemn reflection on the loss of our siblings to homelessness, also coming as it does during a season of celebration and of light.”

Fogarty helps compile the list of people who will be remembered at these vigils. She explained that it includes people who passed away while being unhoused, as well as people who died prematurely because of the toll from being unhoused, even after finding housing.

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About 60 people will be remembered this year, either just with their name, or a memory from someone who knew them. While some names are submitted by friends and family, most are from people who provide supportive services to unhoused people.

She added that these vigils are also a chance for community members to reflect and commit to advocacy, especially because 2025 is a budget-writing year for state government.

“That commitment to system change and to ensuring that public policy, not just charity, combine to protect everyone from poverty,” she said. “That’s as important an aspect of this remembrance as the coming together as a community to remember our siblings.”

According to a new report, New Hampshire saw the highest percentage rise in homelessness in the country between 2022 and 2023. The number of people facing homelessness in the Granite State went up by roughly 52%, while other states’ saw an average increase of 12% during the same time period, according to the report.

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The report is put out annually by the New Hampshire Coalition to End Homelessness using information from a “point in time” count, which is an effort to count the number of homeless individuals in the state on a single day each year.

That data in the latest report suggests that New Hampshire saw a decline in veterans experiencing homelessness between 2022 and 2023. But the problem worsened for people dealing with chronic homelessness, single adults, families and sheltered individuals.

Homeless Persons Memorial Day vigils in Seacoast

Colebrook – Saturday, December 21 at 6 PM at 147 Main Street, in front of the Congregational Church. Contact: TRI County Community Action Program, ebecker@tccap.org 

Concord – Thursday, December 19 at 4 pm at the State House, Concord. Contact: Angela Spinney, aspin@concordhomeless.org. Facebook event.

Conway – Saturday, December 21 at 6 PM at The Way Station, 15 Grove Street, Conway. Contact: TRI County Community Action Program, ebecker@tccap.org 

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Dover – Saturday, December 21 at First Parish Church, 218 Central Ave, Dover at 5 PM to 6 PM. Contact: Joyce Tugel, jtugel@gmail.com. Here’s the flyer.

Keene – Monday, December 16 at 5:30 PM at Saint James Episcopal Church, 44 West Street, Keene. Hosted by Hundred Nights, info@hundrednightsinc.org. More information here.

Laconia – Friday, December 20 at 5:30 PM at Isaiah 61 Cafe, 100 New Salem St, Laconia. Contact: Dawn Longval, dlongval@metrocast.net

Lancaster – Saturday, December 21 at 6 PM at the Centennial Park Green Gazebo on Main Street in Lancaster. Contact: TRI County Community Action Program, ebecker@tccap.org 

Littleton – Saturday, December 21 at 6 PM at the Littleton Winter Shelter, 18 Pleasant Street Littleton. Contact: TRI County Community Action Program, ebecker@tccap.org 

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Manchester – Friday, December 20 at 6 PM at Veterans Park, Manchester. Contact: Crystal Butts-Ducharme, crystal.butts-ducharme@cmc-nh.org 

Manchester – Saturday, December 21 at 12 noon at 1269 Café 456 Union St Manchester. Contact: Craig Chevalier craig@thetwelveonunion.org

Nashua – Saturday, December 21, 5 PM to 6 PM, at City Hall, at 229 Main Street Nashua. Contact: Tom Lopez, LopezT@NashuaNH.gov. Facebook event.

Newport – Saturday, December 21 at 6 PM at the Newport town common by the gazebo. Contact: Rev. Elisabeth Smith, Church of the Good Shepherd (United Methodist), pastorelisabeth415@gmail.com

Peterborough – Saturday, December 21 at 4 PM on the steps of the Peterborough Town House, 1 Grove Street, Peterborough, NH. Hosted by the Monadnock Area Transitional Shelter (MATS). Contact: Susan Howard, mats.peterborough@gmail.com

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Portsmouth – Saturday, December 21, 5 PM to 6 PM at South Church, 292 State Street, Portsmouth, hosted by CrossRoads House. Facebook event.

Upper Valley – Friday, December 20 at 5:30 PM at LISTEN Community Services, 42 Maple Street, White River Jct, VT. Contact:  Lynne Goodwin, lynne.goodwin@lebanonnh.gov

NHPR’s Olivia Richardson contributed to this report.

These articles are being shared by partners in the Granite State News Collaborative. For more information, visit collaborativenh.org.



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