Many road warriors across the country know that if you drink too much alcohol and operate a motor vehicle on a public roadway you may be arrested for Driving Under the Influence (D.U.I.). A lot of drivers are not aware that a D.U.I. charge may also arise out of the use of prescription medication and/or the use of marijuana (even if legal in your state to consume). The issue for law enforcement, however, is how to test for medications and marijuana traces from the person suspected of committing a D.U.I. based on the consumption of drugs alone and not alcohol (while not obtaining a blood sample). Law enforcement agencies have long implemented the use of a portable breath test device to detect the presence of alcohol on a suspect, but now- a new tool has been adopted by law enforcement agencies to combat drivers who are suspected to be impaired by drugs.

According to a recent U.S.A. Today article, the new tool for law enforcement agencies is a portable “lab” that can test the oral fluids of the alleged D.U.I. offender through a simple swab of the suspect’s mouth for saliva. The device is called the Dräger DrugTest® 5000. The device is supposed to determine if the driver has any traces (in their saliva) of drugs including, but not limited to: amphetamines, opiates, cocaine, and cannabinoids. As of the publishing of the U.S.A. Today article, law enforcement agencies in several cities have already implemented the device in the field.

Presumably, the use and science behind this new tool for law enforcement will be challenged in a court of law (much like the alcohol portable breath test device has been for years). Please remember if you or someone you know has been charged with a D.U.I. alleging alcohol or drug impairment, make sure to call and speak with one of our attorneys at the Oberman and Rice Law Firm. The Obermand and Rice Law Firm can be reached 24/7 at (865) 249-7200 or by email at oberman@tndui.com, sara@tndui.com or az@tndui.com.