Law Update: Roadside Drug Testing

The proposal came about after Gov. Rick Snyder signed Senate Bill 207. That bill permits officers who have obtained the necessary specialized training to administer a saliva test to motorists suspected of driving under the influence of drugs. Officers may then make a warrantless arrest based on the test’s outcome.

How Could This Affect Motorists?

Along with Senate Bill 207, Snyder also approved Senate Bill 434. This bill permits the state police to establish a one-year pilot program to fine-tune the testing in up to five counties across the state.

According to Shanon Banner, manager of the Michigan State Police public affairs section, the program will “establish policies in the area of roadside drug analysis, as well as make a determination of the accuracy and reliability of the tests.”

As of yet, officials haven’t determined which counties will be included. They’re scheduled to select them in the coming weeks, with testing slated to begin later this year. “The five counties will be determined based on a number of criteria including: the number of impaired driving crashes, the number of impaired drivers arrested, and the number of Drug Recognition Experts (DREs) trained in the county,” Banner said.

Within 90 days of the program’s conclusion, the state police must submit a report on its effectiveness to the Legislature’s Judicial and Criminal Justice Committees. If deemed a success, the program could eventually expand to all counties in Michigan.

As with a roadside blood alcohol content test, suspects who refuse the saliva test would be issued a civil infraction.

How Did the Law Come About?

The initiative followed a fatal 2013 traffic accident that claimed the lives of motorists Thomas and Barbara Swift. Investigators determined that the driver responsible was under the influence of drugs at the time of the crash. The couple’s son, Brian Swift, told lawmakers that the bill aims at “stopping people who get behind the wheel of a vehicle and choose to put others’ lives at risk.”

Potential Concerns

Attorneys, however, have raised concerns about the law and the scope of the proposed testing program. One question is whether the saliva test process will be reliable, or whether the results would be admissible in court—especially since the program is, in its own words, aimed at determining the “accuracy and reliability” of the tests themselves. A second concern is scope. The saliva test appears to target drivers impaired by controlled substances such as cocaine or marijuana, but not prescription drugs. Yet driving under the influence of prescription drugs can be every bit as dangerous.

We have a feeling this law will prove controversial, stirring passion on both sides of the issue. We’ll be sure to keep you posted on any news and updates on the topic.