Instead of blowing into a tube, drivers in Wisconsin may soon be swabbed at roadside stops.
Most states allow police to use oral fluid tests to check if a driver is impaired. Alabama and Indiana are the only states with permanent, statewide programs that use these tests at the roadside.
Michigan was the first state to use mouth swabs at the roadside. The state started a pilot program in 2016 in five counties. The program later grew to include every county in the state. It ended in 2020.
Now, Michigan lawmakers are looking at a bill that would bring saliva testing back statewide.
Wisconsin
A Wisconsin bill would put the state on the growing list of places cracking down on impaired driving.
The Senate Judiciary and Public Safety Committee recently held a hearing on a bill that would let police test drivers’ oral fluid if they think they are impaired. Officers could ask for a breath test, a saliva test or both to look for drugs.
Sen. Jesse James, R-Thorp, is the bill sponsor. He is also a police officer. James said drugged driving has become a much bigger problem in recent years.
To fight that trend, his bill gives officers another way to check if a driver is impaired.
“All of us are likely familiar with breathalyzers to test blood-alcohol levels. While breathalyzers are helpful, they are limited in what they can test for,” James said. “In recent years, we have seen an increase in other substances that inhibit people’s ability to drive.”
James said oral fluid tests can quickly screen for six types of drugs, including THC and meth.
The bill, SB678, was updated last month to cover more than just cars and trucks. It would also apply to ATVs, boats and snowmobiles.
James added that the bill does not change Wisconsin’s implied consent laws for impaired driving tests.
Police would still need a good reason before requesting oral fluid testing.
James stressed that the roadside test results would not be used in court. The tests are meant only to help officers decide whether they have enough cause to make an arrest or whether more testing is needed.
“This legislation will help Wisconsin’s law enforcement officers keep dangerous and compromised drivers off the road,” James said.
Rep. Barbara Dittrich, R-Oconomowoc, is backing the bill in the Assembly. She said oral fluid testing is a key tool for road safety.
Dittrich pointed out that right now, police often have just one way to check for drugs other than alcohol – drawing blood after an arrest.
“This leads to reported levels that may not accurately reflect what the police officer initially encountered at the traffic stop,” Dittrich said.
The bill is now waiting for more action in the Senate. The Assembly version of the bill, AB681, is in the Assembly Criminal Justice and Public Safety Committee. LL
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