TN Bill Proposes Oral-Fluid DUI Testing: SB2662 Explained

Tennessee's SB2662: A Deep Dive into Oral-Fluid DUI Testing

Tennessee drivers could soon face a new reality when it comes to DUI enforcement if Senate Bill 2662 (SB2662), also known as the “Oral-Fluid DUI Testing and Evidence-Based Enforcement Safeguards Act,” becomes law. Sponsored by Senator Raumesh Akbari, this bill seeks to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, by introducing oral-fluid testing as an approved method for detecting impairment.

This article provides a comprehensive overview of SB2662, analyzing its potential impact on drivers, comparing it to current DUI laws, exploring the reasons behind its introduction, and offering practical information for those who could be affected.

What Does SB2662 Propose?

In simple terms, SB2662 proposes to add oral-fluid testing (also known as saliva testing) to the methods law enforcement officers can use to determine if a driver is impaired. Currently, Tennessee law primarily relies on blood tests, breathalyzer tests, and field sobriety tests (FSTs) to assess impairment. SB2662 would allow officers to request a saliva sample from a driver suspected of being under the influence of drugs.

This sample would then be tested for the presence of various substances.

The specific details regarding the implementation of oral-fluid testing, such as the specific drugs to be tested for and the protocols for collecting and analyzing the samples, would likely be outlined in subsequent regulations or amendments to the existing law. However, the core concept is to provide law enforcement with an additional tool for detecting drug-impaired driving, supplementing or potentially replacing existing methods in certain situations.

Potential Impact on Drivers

The introduction of oral-fluid testing could have a significant impact on Tennessee drivers. Here's a breakdown of the potential consequences:

• Increased Detection of Drug-Impaired Driving: Oral-fluid tests can detect a wide range of drugs, potentially leading to a higher number of DUI arrests related to drug use.

This could affect both recreational and medicinal users of substances, depending on the thresholds set for impairment.

• Convenience and Speed: Oral-fluid tests are generally quicker and easier to administer than blood tests.

This could lead to faster processing of DUI investigations at the roadside.

• Potential for False Positives: Like any testing method, oral-fluid tests are not foolproof. There's a possibility of false positive results, which could lead to wrongful arrests and legal challenges. The accuracy and reliability of the specific tests used will be crucial.
• Privacy Concerns: Some individuals may have concerns about providing a saliva sample, viewing it as an invasion of privacy. The legal framework surrounding the collection and use of oral-fluid samples will need to address these concerns to ensure compliance with constitutional rights.
• Legal Challenges: The introduction of a new testing method is likely to be met with legal challenges, particularly regarding the admissibility of oral-fluid test results in court.

Issues such as the scientific validity of the tests, the qualifications of the personnel administering them, and the chain of custody of the samples will be scrutinized.

• Impact on Medicinal Cannabis Users: With the increasing acceptance of medicinal cannabis, the bill’s impact on legal patients is a pressing concern.

Detecting inactive metabolites is different than testing for active impairment and legal advocates should be concerned the bill does not clarify the distinction.

Comparison to Current Tennessee DUI Laws

Currently, Tennessee's DUI laws prohibit driving under the influence of alcohol or any controlled substance. The legal blood alcohol content (BAC) limit is 0.08% for most drivers. For commercial drivers, the limit is 0.04%, and there's a zero-tolerance policy for drivers under the age of 21.

When it comes to drug-impaired driving, Tennessee law allows for prosecution based on evidence of impairment, regardless of the specific concentration of the drug in the driver's system.

This means that even if a driver has a legal prescription for a drug, they can still be charged with DUI if they are demonstrably impaired.

Evidence of impairment can include FST results, erratic driving behavior, and observations by the arresting officer.

SB2662 would add oral-fluid testing to the arsenal of tools available to law enforcement. The results of an oral-fluid test could be used as evidence of drug use, potentially supporting a DUI charge. However, it's important to note that the presence of a drug in a driver's saliva doesn't automatically equate to impairment. The prosecution would still need to prove that the driver's ability to operate a vehicle was impaired as a result of the drug use.

Here's a table summarizing the key differences:

Context: Why This Legislation Was Introduced

The reasons behind the introduction of SB2662 likely stem from several factors:

• Rising Rates of Drug-Impaired Driving: Across the country, there has been a noticeable increase in drug-impaired driving incidents, particularly those involving marijuana and opioids.

Lawmakers may see oral-fluid testing as a way to combat this trend.

• Advances in Testing Technology: Oral-fluid testing technology has improved significantly in recent years, making it a more reliable and practical option for roadside enforcement.
• Public Safety Concerns: The primary goal of DUI laws is to promote public safety by deterring impaired drivers from getting behind the wheel. Supporters of SB2662 may argue that it will make Tennessee roads safer by providing law enforcement with a more effective tool for detecting drug-impaired drivers.
• Harmonizing with Other States: Several other states have already implemented oral-fluid testing for DUI enforcement.

Tennessee may be looking to align its laws with those of other states to improve consistency and cooperation.

• Efficiency: Some argue that oral-fluid tests are more time- and cost-effective than blood tests, particularly in situations where obtaining a blood sample requires a warrant or a trip to a medical facility.

Saliva samples also offer less invasive procedures than a blood draw.

Practical Information for Affected Drivers

If SB2662 becomes law, here's some practical advice for Tennessee drivers:

• Know Your Rights: Understand your rights during a DUI stop. You have the right to remain silent, the right to refuse field sobriety tests (though refusal may have consequences), and the right to consult with an attorney.
• Be Aware of the Law: Stay informed about the specific provisions of SB2662 and any related regulations.

This includes knowing which drugs are being tested for and what the legal thresholds for impairment are.

• Understand the Implications of Refusal: Refusing an oral-fluid test could have legal consequences, such as license suspension.

Consult with an attorney to understand the specific penalties in Tennessee.

• Seek Legal Counsel: If you are arrested for DUI based on oral-fluid test results, contact an experienced DUI attorney immediately. An attorney can review the evidence against you, challenge the validity of the test results, and represent you in court.
• Medicinal Cannabis Cardholders: If you are a legal medicinal cannabis cardholder, be prepared to present proof of your card to the officer. It's also crucial to understand the specific regulations regarding driving while using medicinal cannabis in Tennessee. The distinction between impairment and the presence of inactive metabolites will be important.
• Document Everything: If you are stopped and asked to provide an oral-fluid sample, carefully document the circumstances of the stop, including the date, time, location, and the officer's actions.

This information could be valuable if you need to challenge the arrest later.

Conclusion

SB2662 represents a potentially significant shift in Tennessee's approach to DUI enforcement.

While the goal of reducing impaired driving is laudable, it's crucial that any new testing methods are implemented fairly and accurately, with appropriate safeguards in place to protect the rights of drivers. As this bill progresses through the legislative process, it's important for Tennessee drivers to stay informed and understand how it could affect them. If signed into law, expect legal challenges focusing on procedure, accuracy and constitutionality. It is important to consult with legal professionals to ensure your rights are protected.