LA GRANDE — Local law enforcement agencies in Union County are continuing to take a proactive approach to enforcing impaired driving laws, but with changes in the enforcement of controlled substances, this approach has taken a slightly different angle.

While overall numbers of driving under the influence of intoxicants have stayed steady, controlled substance DUIIs have increased locally and statewide, prompting a more in-depth approach to how law enforcement conducts its protocol. Measure 110 still is in its early stages of decriminalizing substances, and it remains to be seen if the new measure will impact the quantity of controlled substance-related DUIIs in Oregon.

According to information provided by La Grande Police Lt. Jason Hays, in 2021 the La Grande Police Department and Union County Sheriff’s Office recorded a combined 51 DUII arrests through Dec. 21. That compares with 44 in 2020, 58 in 2019 and 54 in 2018.

Of the 51 DUII arrests through Dec. 21, 2021, 38 involved alcohol and 13 resulted from drugs — a noticeable shift in controlled substance DUIIs from 2018 when 49 arrests were from alcohol and the remaining five were related to intoxicant factors other than alcohol.

Extra steps

With alcohol-related DUIIs, a blood-alcohol test is an easy way to determine whether someone has been drinking and approximately how much they have consumed. When it comes to substance-related driving arrests, police have to take extra steps.

When a driver is pulled over and suspected of driving impaired, the officer first speaks with the individual and conducts a field sobriety test. If law enforcement has a reason to suspect impairment after the field sobriety test, a blood-alcohol concentration test is then conducted with the driver’s consent. If the BAC test shows a zero and the driver still is suspected of being impaired, a drug recognition expert, or DRE, is called to evaluate the driver’s status.

DREs are law enforcement officers trained to identify driving impairments that result from substances other than alcohol. The program was established by the International Association of Chiefs of Police in California more than 35 years ago.

The DRE protocol uses a three-step process to determine whether the driver is impaired, discover if the impairment involves controlled substances or a medical condition and ascertain which drugs are causing the driver’s impairment. This course of action is based on a knowledge of observable signs related to drug use.

The DREs perform their impairment evaluations at controlled environments such as a police station. A major difference between the standard roadside BAC test and the DRE’s drug impairment test is the evaluation is not typically performed roadside and is usually done after the arrest.

According to IACP, the evaluation typically takes about an hour. The officer monitors the driver’s behavior, appearance and vital signs.

In addition, psychophysical tests are performed to measure judgment, information processing and coordination. In short, the process to evaluate a controlled substance-related DUII takes a bit more digging than observing the sometimes obvious effects of impairment present during a strictly alcohol-related DUII.

Roughly 200 people are part of the DRE program in Oregon, across state, county and municipal law enforcement organizations.

With DREs conducting the evaluations after the arrest, police officers can return to patrolling. Even so, added precautions from a non-DRE arresting officer can have an impact. According to Hays, La Grande Police do not use body cams, but the use of digital recorders assists law enforcement in gathering evidence during the initial arrest and investigation for a DUII.

“The probable cause for arrest generally comes from the standardized field sobriety tests after the traffic stop is initiated and signs indicate the operator of the vehicle could be impaired,” Hays said. “The field sobriety tests are used for the suspicion of driving under the influence of alcohol, drugs or a combination of both.”

State police support

Hays noted local law enforcement puts an emphasis on DUII enforcement and preventing its occurrence, but increased calls to other matters can limit how proactive officers and deputies can be. Oregon State Police have taken an increased role in patrolling Adams Avenue and Island Avenue to assist local law enforcement.

“We are very active in showing a police presence around the bars on Friday and Saturday night in a prevention effort to encourage others to not drink and drive,” Hays said.

With OSP’s assistance, law enforcement can maintain a visible presence and investigate suspected impaired drivers when local officers are responding to other situations.

Measure 110 impact

Since Measure 110 went into effect in February 2021, opinions have varied on whether local communities are seeing a positive or negative impact of the decriminalization of controlled substances.

On the roads, controlled substance-related DUIIs have increased locally, but it’s not certain that Measure 110 is contributing to the trend.

Pointing to direct causes can be difficult, especially with the COVID-19 pandemic impacting mental health, which plays a role in crime trends and in drug and alcohol abuse.

The full scope of the newly enacted measure will take time to fully evaluate. With the new landscape regarding drug use and law enforcement’s approach to controlled substances in Oregon, it remains to be seen if DUII trends will see an impact.

“As the numbers reveal, we are not really seeing any trend changes in impaired driving during the pandemic versus pre-pandemic,” Hays said. “We are seeing more drug impaired driving post Measure 110 though, so it will be interesting to see how this pattern trends after a longer study period.”

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On Nov. 3, 2020, Oregon voters passed Measure 110, approving two shifts in how the state deals with the use of illegal drugs. First, the measure reduces penalties for drug possession, making Oregon the first state to decriminalize the personal possession of illegal drugs. Secondly, the anticipated savings achieved from the current cost of enforcing criminal drug possession penalties will be combined with marijuana sales revenue to fund a new drug addiction treatment and recovery grant program.

— Measure 110 Background Brief (www.oregonlegislature.gov)