DUIs are relatively common in the United States, but state and federal lawmakers have yet to establish a uniform protocol for dealing with drivers who are under the influence of drugs. However, roadside oral fluid testing is already being used in pilot programs around the United States, and these tests have become commonplace in certain countries internationally, too.
In part one of this three-part series, a drug defense attorney in Tampa introduced roadside oral fluid testing by discussing the screening method and the various tests available in addition to the drugs they detect. Now, we will cover other important considerations that can help you protect yourself from being arrested for a drug-related DUI. If you have recently been charged with a drug-related DUI, consult a drug defense attorney in Tampa to find out how you can minimize your charges and reach a favorable outcome.
Support for Roadside Oral Fluid Testing
As we mentioned in part one, approximately 14 states have already permitted the use of oral fluid testing as a safe alternative to blood testing, and there are two more states in the pipeline. However, these tests must be performed in an approved setting, and additional legislation is needed to legalize testing on the road during a traffic stop. Outlook for the future of roadside oral fluid testing is generally positive. There have been numerous studies and pilot projects conducted to test the efficacy of this testing method both domestically and internationally. Australia, Belgium, France, and Germany are currently using roadside oral fluid testing to prosecute DUI offenders. Additionally, the United Kingdom recently announced qualifications for approved oral fluid testing devices.
Utilizing Roadside Oral Fluid Testing
These tests are best served as a preliminary screening to help police officers identify drug-related DUI offenders. Today’s field sobriety test isn’t foolproof, and breathalyzers don’t detect drugs; therefore, they have no effect on drivers who are under the influence of drugs. One of the best aspects of this testing is that it can be used as a deterrent for drivers who think they can get away with driving under the influence of drugs. Publicizing the use of these tests could lead to a significant drop off in the number of DUI arrests each year. In some cases, detecting drugs in a driver’s system can lead to a more serious charge such as drug trafficking since many of these criminals tend to use some of the drugs they are selling.
To learn more about the accuracy, value, and future of roadside oral fluid testing, read part three.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.