New Alabama law requires DUI suspects to submit to saliva tests for drugs

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A new law set to go into effect in August will require DUI suspects to submit to saliva tests designed to detect drug-impaired driving.

The bill, S.B. 258, which was signed into law in May, gives saliva testing implied consent standing under Alabama law. Drivers suspected of DUI who refuse the test would face an automatic suspension of their license. The law currently holds this standing for drivers who refuse to submit to a breathalyzer test for alcohol impairment.

Sen. Arthur Orr (R - Decatur) had worked for years to get a bill requiring saliva testing pasts. He said blood tests for drivers suspected of DUI submitted to the Alabama Department of Forensic Sciences (ADFS) last year showed for the first time more cases of impairment caused by drug use than alcohol.

“I think it’s just because we’re more aware of it now and there are unfortunately a lot of drug abuses occurring in our society," Orr said.

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Police officers who had suspected a person of drug impairment was forced to wait for a warrant to administer a blood test. The process took time which can be precious in determining whether or not a driver is truly impaired by drug use.

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"Certain drugs can leave the system fairly quickly and so you have drugs like heroine and cocaine that two hours after the crash or contact with law enforcement when they're pulling the blood....those drugs may have already cycled out of the system," explained William Lindsey of the Alabama District Attorneys Association.

Lindsey said the Quantisal collection device captures active THC values in a person's blood streams. This for example allows law enforcement to see the active level of impairment from marijuana use compared to a blood test which would capture any use from a far greater length of time.

The saliva tests have already been used by some drug enforcement agencies and local police departments but only with a person's consent. Lindsey said Alabama district attorneys have encouraged the use of the technology and some police departments have already begun training officers.

"It may take a couple years for some small town police department to get this technology. Also as we discussed training is going to be necessary because an officer is going to have to take the stand presumably in a court of law and walk through the procedures that were taken," Orr said.

The tests are made available through ADFS at no charge to local departments according to Lindsey. The law officially goes into effect on August 1st.

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Oral Fluid Drug Testing Program
Oral fluid (or saliva) collection is rapid, non-invasive, and simple. Oral fluid contains the active/impairing drug which likely represents recent drug use. We are the first state to offer a comprehensive Oral Fluid Drug Testing program at the State Crime Laboratory level. It is two-fold: (1) screening at the roadside and (2) evidentiary confirmation oral fluid drug testing at ADFS.

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Excerpt from "Using Oral Fluid to Detect Drugs. Infographics. Sponsored by AAA. 2020."

First, we have validated and approved three “roadside” oral fluid drug screening devices that law enforcement can use during a DUI stop or crash to identify drug use. Field screening devices test for marijuana, cocaine, methamphetamine, amphetamine, opioids, and benzodiazepines. The devices are analogous to PBTs for alcohol and should be used to establish probable cause. They display “positive” or “negative” and should be administered after standardized field sobriety tests to confirm suspicion of drug use. This information can also be used to assist with obtaining a search warrant to collect a confirmation specimen such as blood (or oral fluid). It is the responsibility of the law enforcement agency to purchase, maintain, and seek adequate training for these devices.

Secondly, we now offer laboratory testing of oral fluid samples at ADFS. After an arrest, an evidentiary confirmation oral fluid specimen should be collected in an appropriate collection device/tube provided by ADFS. The Toxicology Section will test the oral fluid sample and issue a report of our findings. We test for 25 drugs of abuse and therapeutic drugs commonly found in driving cases. It is considered best practice to collect both blood and oral fluid. In some circumstances, testing both specimens will provide a more complete picture of recent drug use. The first oral fluid case was submitted to the laboratory in August 2018. Newly distributed DUI biological specimens kits (BSKits) containing one Quantisal oral fluid device and two blood tubes have been distributed throughout the state. The kits no longer contain a urine container. As of July 2020, we have received over 250 oral fluid cases.

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