New legislation is moving forward that could shake up roadside testing in Minnesota DWI cases.
Under the proposed legislation, a new oral fluid roadside testing pilot program would be launched in September and run for one year. The oral fluid testing claims to offer a much faster result than a blood sample, but as you might imagine, questions exist about the accurately of an oral sample when much more accurate tests are available.
“If a tool like this could be provided to law enforcement, that would assist us greatly and reduce time to determine what is making a person act (abnormally),” said St. Peter Police Chief Matt Grochow.
The bill, co-sponsored by Sen. Zach Duckworth, R-Lakeville, was passed on the first reading through the Minnesota Senate’s Judiciary Committee last week, and it has support in the House despite not yet having received an official hearing.
Plenty Of Concerns
While the legislation is being championed as a way of catching more drunk drivers, there are countless concerns with oral testing. For starters, just how accurate are they? Blood tests would be much more reliable, but officers say those can be time consuming, but that seems like a small price to pay for accuracy. Also, would refusal to submit to a warrantless oral test be considered an implied consent violation, subjecting the motorist to more penalties? We certainly hope not, especially if the test is not as accurate as other means!
Some argue that the oral tests will just be conducted to see if further tests are necessary, but if police have reason to suspect that an oral testing is valid, then they should have no problem getting a warrant for a breath test or a blood sample, so it seems needless.
The only good thing about the legislation from an individual rights standpoint is that the pilot program will be completely voluntary, meaning that even if the officer has strong reason to believe an individual is well over the legal limit, they’ll still need to get express permission to collect an oral sample. It should come as no surprise, but we’ll spell it out here in big bold letters should this measure pass – YOU SHOULD NEVER VOLUNTARILY SUBMIT TO ORAL FLUID ROADSIDE TESTING.
The only thing that can come out of this completely voluntary program is evidence against your case. Don’t make it easy for police to collect. Even if you’re sober as a bird, you should refuse, because it is your right to refuse. The burden of proof is on the officer to prove that you are under the influence, it is not on the driver to submit to an oral fluid test to prove that they are not under the influence.
Oral Fluid Testing For Drugs
This type of oral fluid testing seems to have more legitimate standing if it can accurately detect the presence of drugs that do not show up on a standard breath test. A rapid test for marijuana would have more merit during a traffic stop situation where the driver is under the influence of something other than alcohol, but again, accuracy is key. If you smoked marijuana two weeks ago and the test comes back positive, that’s a major problem. Before ever considering this legislation, accuracy needs to be of the utmost priority. Otherwise, a good lawyer will have these results thrown out in a heartbeat, and then everyone’s time and money are wasted.
We will absolutely keep an eye on SF 2854 as it continues to work its way towards becoming a pilot program, but we have major reservations about how it will be effectively and accurately implemented. If it does become a test program, never voluntarily submit. For more information, or for help with your DUI case, reach out to Appelman Law Firm today at (952) 224-2277.
