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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

People moving to NH during pandemic brought higher incomes vs. those who left

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People moving to NH during pandemic brought higher incomes vs. those who left


Jan. 21—Households moving into New Hampshire during the COVID-19 pandemic earned an average of $24,000 more a year than households leaving the Granite State, according to new research released Tuesday. Between 2020 to 2022, migrants to New Hampshire collectively earned $3.3 billion more than those who left the state. That compares to a $1.1 billion net gain for the three years prior to the …



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New Hampshire

Cops accuse New Hampshire man of rape on Miami-bound cruise

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Cops accuse New Hampshire man of rape on Miami-bound cruise


MIAMI – A man from New England faced a South Florida judge Tuesday on a first-degree sexual battery charge after authorities accused him of raping a woman in his cruise ship cabin off the coast of Mexico.

Deputies arrested Randy Gaul, 59, of Farmington, New Hampshire, on Saturday after the Norwegian Escape returned to PortMiami.

According to an arrest report from the Miami-Dade Sheriff’s Office, Gaul and the woman were acquaintances and shared a room on the ship. It states that the woman told detectives that she had had their beds separated by cabin staff at the start of the journey.

The report states Gaul and the woman had “consumed multiple alcoholic beverages” Wednesday night and the woman blacked out.

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She said at around 1 a.m. Thursday, she woke up due to Gaul snoring and felt pain as she went to the bathroom, deputies said. The report states that the woman saw blood in her genital area and shorts while in the bathroom and, the next morning, saw blood stains on her sheets.

Detectives said she confronted Gaul about what happened and he admitted to having sex with her the previous night.

The report states after the cruise returned to South Florida, detectives took Gaul to an MDSO office in Doral and tried to interview him. They said he invoked his right to remain silent.

A Miami-Dade judge found probable cause Tuesday to charge Gaul with sexual battery on a helpless victim, ordering he be held without bond.

Jail records show he was behind bars in the Metrowest Detention Center as of Tuesday.

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New Hampshire

Lawmaker pushes to strengthen legal definition of child abuse; other bills target false accusations • New Hampshire Bulletin

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Lawmaker pushes to strengthen legal definition of child abuse; other bills target false accusations • New Hampshire Bulletin


Rep. Alicia Gregg, a Nashua Democrat, serves on the House Child and Family Law Committee, but outside of her work at the State House, she serves as a domestic abuse victims’ advocate and is a survivor herself. And she’s gravitated toward legislative issues surrounding protecting others from abuse.

“The one gaping hole that I continued to find on all the special committees I was on and the study committee was that we don’t have an updated definition of what child abuse and endangerment looks like in this state,” Gregg said.

She filed House Bill 553 to address that.

The bill, which is co-sponsored by a bipartisan group of lawmakers, would amend the legal definition of abuse and neglect, and create instructions for officials on dealing with such abuse.

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For example, the bill adds, “Evidence of serious injury, broken bones, or unexplained injury to any non-ambulatory child, or frequent illnesses that are not being adequately addressed or controlled,” to the list of factors to be considered evidence of child abuse. The goal is to strengthen the existing language and make it more explicit.

Additionally, instructions to “determine if the preservation of family unity is in the best interest of the child” would become “presume that family unity is in the best interest of the child; but, if it is determined to not be in the child’s best interest, to secure placement in the least restrictive setting.” The bill also calls for “frequent” reviews of any child removed from the home with the goal of returning that child home as quickly as possible.

The bill also creates a legal definition for “trauma informed,” describing it as “a service system in which all parties involved recognize and respond to the impact of traumatic stress on those who have contact with the system …” Several other verbiage changes the bill calls for are aimed at making the language more “trauma informed.”

“I think too much of it (the language) was left to interpretation before with the courts,” she said. “And when you are dealing with families I think a lot of times there is a hesitancy to step in.”

Gregg said the goal of the changes isn’t necessarily to improve the prosecution of crimes against children, but rather to empower officials to intervene before that becomes necessary.

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“That way DCYF (the Division for Children, Youth and Families) and the courts have extra tools in their belt to say, ‘This is when we need an intervention,’” she said. “And we can have the intervention before we have a crisis.”

Gregg added that the language changes were developed through a study committee this past summer that included Sen. Sharon Carson, a Londonderry Republican, and former Sen. Rebecca Whitley, a Hopkinton Democrat. That committee, she said, consulted New Hampshire child advocacy centers, Court Appointed Special Advocates – commonly known as CASA – and physicians who care for children, among others.

HB 553 isn’t the only proposed legislation tackling child abuse-related issues this session. 

House Bill 493, also sponsored by Gregg, seeks to require physicians, nurse practitioners, and physician assistants who treat patients 18 or younger to complete child abuse and neglect education. That education, which would be at least two hours, must be accredited and recognized by the New Hampshire chapter of the American Academy of Pediatrics.

Meanwhile, a pair of Republican-backed bills seeks to push back against certain aspects of the state’s existing child abuse prosecution system.

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House Bill 243, sponsored by Deerfield Republican Rep. James Spillane, targets people who file false reports of child abuse and neglect. The bill forbids people from making false reports “maliciously or with the intent to harm” and allows them to face criminal charges or civil suits for doing so. It also allows the name, address, or phone number of the person filing the report to be listed.

Spillane also sponsored a bill regarding false reports of abuse and neglect. House Bill 430 seeks to shorten the amount of time the Department of Health and Human Services holds onto records on “unfounded” reports of abuse or neglect. Presently, the department keeps records of unfounded abuse or neglect for 10 years from the date it was deemed unfounded, unless there is “reasonable concern” at which point it’s kept indefinitely. This legislation would change that 10-year period to three years. Once that time period elapses, the department destroys all electronic or paper records in the case.

Both Spillane’s bills are co-sponsored by fellow Republicans.

The House Child and Family Law Committee will take up HB 553 on Jan. 28 at 1:30 p.m., and HB 243 is scheduled for a hearing before the same committee on Jan. 21 at 3 p.m.

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