There’s no question that drugged driving is every bit as dangerous (and illegal) as drunk driving. However, getting evidence that a driver is impaired by drugs is more challenging than determining how much alcohol they’ve consumed. There’s no true equivalent to a breathalyzer-type test for drugs.
Further, there is no specified legal limit for drugs. There are many kinds, both legal and illegal, that can affect someone’s ability to drive safely. Traces of the active ingredient in cannabis (THC) can stay in someone’s system long after they no longer feel the effect.
Indiana law enforcement agencies have taken a step toward identifying the presence of common drugs in a roadside test. Beginning in 2020, some agencies began training officers to use a roadside oral fluid testing machine.
How is the test used as a means to prove drug use?
The test, which involves swabbing a person’s mouth, can identify commonly abused drugs. These include amphetamines, methamphetamine, cocaine, opiates, benzodiazepines and cannabis.
Note that the test is only to be used if a driver shows signs of impairment and fails field sobriety tests but shows no indication of being under the influence of alcohol.
If the results of the oral fluid test, which take about five minutes, show the presence of one or more of these drugs, an officer has probable cause to arrest a driver.
These tests are just an early step in an investigation that a driver is under the influence of drugs. While the results can’t be used as evidence in court, they can be used, as noted, to arrest someone and to get a warrant for a blood test to confirm the presence of drugs.
The tests, like other roadside sobriety tests, are covered under Indiana’s implied consent law. That means a driver can refuse to take the test. However, they may face a driver’s license suspension.
You can challenge a charge that ultimately resulted from this test
If you’ve been arrested after taking one of these roadside oral fluid tests, it’s important to protect your rights. For example, there must have been probable cause to administer the test. Further, the officer who administered the test must have had proper training and read the results accurately.
These are just a couple of considerations if you’re facing an impaired driving charge. That’s why it’s crucial to get experienced legal guidance as soon as possible.
