Just about everyone knows that if a police officer suspects a driver of being drunk, they will give them a breathalyzer-type test to measure their blood alcohol concentration (BAC). What fewer people know is that similar roadside tests for drug use are becoming more common.
Indiana law enforcement agencies began using an oral fluid (SoToxa) test several years ago, and the number of officers using these devices has grown since then. It involves swabbing the inside of a person’s mouth to detect whether drugs, including amphetamines, cocaine, opiates, methamphetamine, THC and benzodiazepines, are present.
When do officers have the right to use this test?
Officers can’t just ask any driver they pull over to take this drug test. First, they have to have a reasonable suspicion that someone is driving while impaired – such as driving erratically. Once they pull over the driver, they need to first use the standard field sobriety tests and a breathalyzer test to determine whether they’re impaired by alcohol.
If, after the standard tests are done, an officer suspects a driver is under the influence of drugs, they can use the Sotoxa test. For example, maybe the breathalyzer shows little or no presence of alcohol, but the driver exhibits signs of impairment.
Note that a positive result alone doesn’t give police the right to search your vehicle for drugs without your permission. Some drugs can remain in a person’s system for hours, days or even longer after they’ve been taken, so a positive result isn’t necessarily probable cause that someone has illegal drugs with them.
How is the test used in the arrest and prosecution of drivers?
First, it’s important to remember that you have a right to refuse to take this test, just as you do a portable breath test. However, you can have your driving privileges revoked if you do.
Further, the test results can’t be used as evidence against you in court. The purpose of the test is to give police probable cause for an arrest and a warrant to get a blood test, which can be used as evidence of impaired driving.
If you’re facing any kind of drug-related charge, it’s important to ensure that police followed the proper procedures. By getting legal guidance as soon as possible, you can help protect your rights and make the best decisions for your case and your future.