GRAND RAPIDS, Mich. — A new bill in the Michigan legislature, House Bill 4390, would allow law enforcement to determine if drivers are operating a vehicle while impaired through oral fluid screenings.
State Representative Brian Begole believes there's been a decrease in drivers operating under the influence of alcohol, but says Michigan needs to do more to address drivers operating under the influence of drugs.
"I think if people knew how many people were out there operating under the influence of narcotics, they may not venture out, even," Begole said.
The proposed testing would use a handheld instrument with a mouth swab to enable officers to complete real-time testing to determine whether a driver has drugs in their system.
"In five minutes, it'll tell you if the subject is under the influence of methamphetamine, amphetamine, cocaine, heroin, cannabis or THC and benzodiazepine," Begole said.
Michigan initiated pilot programs in 2016 that permitted roadside oral fluid screenings. Now, more than 20 states have oral fluid authorization written into law, with many modeling their legislation after Michigan's approach.
"The National Transportation Safety Board has recommended that Michigan adopt these practices of the oral fluid testing on the roadside to improve the safety on our streets," Begole said.
The oral fluid screening would be conducted after field sobriety tests and preliminary breath testing if there is probable cause for a drug-impaired arrest. The test involves placing a sterile swab in the mouth and rubbing it under the gums and tongue, as well as on the inside of the cheek. The sample is then analyzed by a handheld screening machine within five minutes.
Data from the pilot programs showed the technology was easy to use, reliable and accurate for preliminary roadside testing.
The National Transportation Safety Board (NTSB) recommends making this type of testing permanent, especially considering that over 10,000 crashes involving an impaired driver occurred in 2023, according to Michigan State Police. Additionally, nearly 2,500 people in Michigan have died due to drug-involved crashes in the last decade.
"Statistics show that driving under the influence of narcotic has increased about 22% over the last several years," Begole adds.
As a former sheriff of Shiawassee County, working in law enforcement for 32 years, Begole is hopeful oral fluid screenings will offer drivers more safety on the streets.
"I'm optimistic that this is something that we can get through the House, through the Senate, and right onto the governor's desk," Begole said.
The bill has been referred to the House Government Operations Committee for consideration.
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