Forget breathalyzers – officers in two Midwestern states may soon be asking truckers and other drivers to “say ahh” at the roadside.
Most states allow some form of oral fluid test to detect impairment.
Michigan was the first state to use mouth swabs at the roadside. A 2016 Michigan State Police pilot program started in five counties. The program later expanded to include every county in the state. It ended in 2020.
Today, Alabama and Indiana are the only states with permanent, statewide roadside oral fluid testing programs.
Wisconsin
Several Wisconsin lawmakers are backing a new bill focused on preliminary testing for suspected impaired driving.
SB678 would let police test truckers and motorists’ oral fluids if they believe the person is impaired. Officers could ask for a breath sample, an oral fluid sample, or both, to check for drug impairment.
The bill introduced Nov. 20 is now in the Senate Judiciary and Public Safety Committee. It has not yet been scheduled for a hearing.
Michigan
Related Michigan legislation focused on truck drivers has cleared one chamber of the statehouse.
The bipartisan plan would create a statewide saliva testing system. HB4390 and HB4391 would let any police officer request a roadside oral fluid test to screen truckers for drug impairment.
Test results could be used in criminal cases. Drivers who refuse a test would face penalties similar to refusing a preliminary breath test.
“This plan will improve roadway safety, reduce serious injuries and save lives here in our state,” Rep. Brian BeGole, R-Antrim Township, said in prepared remarks.
He noted that of Michigan’s 1,021 fatal crashes in 2023, nearly 25% of the deaths involved drugs. No specific numbers were given for incidents involving truckers.
BeGole said police need every tool available to fight drugged driving.
“Michigan is a zero-tolerance state,” BeGole said in prepared remarks. “We do understand that there are legal prescriptions that people take and they may use marijuana recreationally, but that doesn’t excuse the fact that once they do, they shouldn’t be operating a vehicle.”
At a recent committee hearing, the NTSB testified that oral fluid tests can give early, objective evidence of drug use. Samples can also be collected more quickly, which reduces the chance that drugs will leave a driver’s system before testing.
Critics disagree. They say roadside saliva tests don’t have strong scientific support. They also note that the tests cannot measure how much of a drug is in someone’s system or show whether the driver is actually impaired.
The House passed the bills over the summer. Both bills now await possible consideration in the Senate Civil Rights, Judiciary, and Public Safety Committee. LL
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