A pair of bills in the Michigan House of Representatives would allow roadside saliva tests to screen drivers for controlled substances and indications of impairment.
Minority Floor Leader John Fitzgerald (D-Wyoming) said the bills would build on a pilot program that showed the tests make the roads safer.
“Impaired driving is a serious issue, and we want to make sure that law enforcement has the necessary tools that they need to ensure that people are driving safely, that other people's health and safety is not at risk," Fitzgerald said.
"These bills really do help to take a pilot program that we have seen evidenced here in Michigan, and also across the country, and look to provide law enforcement with the ability to test on the roadside for various substances that could create a hazardous driving condition, including THC, amphetamines, and others," he said.
"This really will help law enforcement in real time determine whether there are impaired drivers on the road and then take necessary steps and precautions to ensure public safety,” said Fitzgerald.
But the ACLU of Michigan said the bills likely won't accomplish that aim.
“The tests do not provide an indication of actual impairment," said Gabrielle Dresner, policy strategist for the ACLU of Michigan. "It simply tests for whether or not a drug is present in the driver's body. These tests could indicate whether or not a person has taken a legal and prescribed medication such as antidepressants or pain medications, as well as THC," the primary psychoactive ingredient in marijuana.
The civil rights group said it also has concerns about the accuracy of the tests, privacy protections for the DNA contained in the saliva samples, and racial disparities in traffic stops and searches.
The saliva tests would be added to preliminary chemical breath tests used to screen for alcohol.
The bills would amend the Michigan Vehicle Code, and test results could lead to an arrest and would be admissible in a criminal prosecution.
Anyone who refuses to submit to a preliminary "oral fluid analysis" would be responsible for a civil infraction.
Each bill would take effect 90 days after its passage, and neither could take effect unless both passed.
