DETROIT – For decades, people suspected of driving drunk have had to take a breathalyzer. Now, a Michigan lawmaker wants to make it easier to test for drugs.
An oral fluid screening could be the answer. The technology is already used in dozens of states.
A criminal defense attorney told Local 4 that there are concerns about false positives, especially for drugs like weed that stay in your system for longer periods of time.
The bill has the support of the Michigan State Police and other law enforcement agencies. The oral swab would only be administered for someone suspected of driving impaired.
“I think it’s a good idea, honestly, because people don’t realize the impact impaired driving has on families,” said one driver.
“I don’t know how good the test would be,” said another driver. “I’ve had bad experiences with cops. I’ve had good experiences with cops.”
The bipartisan bill making its way through Lansing could help determine if someone is driving under the influence of drugs. Oral swabs could test for substances like weed, cocaine or heroin and pills like Xanax or Valium.
“I was in an accident, and someone was smoking and hit our car when I was bringing my baby from the hospital — two days old. That was terrifying,” said one woman. “So, if there’s a good way to check if someone is smoking and inebriated, not just, ‘You can smell it,’ then yes, if it’s just, ‘You smoked weed, and you’re in trouble now,’ then no.”
To take a test, a person places a sterile swab in their mouth and rubs it under their gums and tongue, as well as on the inside of their cheek. The test sample is then placed into a handheld screening machine that can perform an analysis within five minutes.
The bill was introduced by House Representative Brian BeGole. In a statement, he says, “This testing capability is non-invasive, simple and reliable. It will help law enforcement when they have probable cause to conduct a stop and as they are working to protect the public.”
BeGole, a former Shiawassee County Sheriff, said the technology is similar to a breathalyzer and works on recency.
Cannabis advocates like criminal defense attorney Dave Rudoi are worried.
“Although the intention is good, the science isn’t there,” said Rudoi. “And we don’t want people being falsely arrested. We need to take a step back and wait for the science to catch up with the intention.”
BeGole noted that of the 1,021 deadly crashes that happened in Michigan in 2023, nearly a quarter of all deaths were drug-related. The bipartisan bill now moves to the Senate for consideration.