MenuAs detailed in another blog entry, there is no chemical test for determining (i) if a driver is driving under the influence of drugs, or (ii) how high they are. It can only detect if they have drugs in their system.
To overcome this considerable limitation, Michigan is testing for the second time a saliva-swab roadside drug test – the SoToxa Mobile Test System. A saliva-swab test that was remarkably unreliable during its first testing period.
Nearly 1/3 of all tests led to erroneous results! Indeed, in 11 out of 74 occasions, the test found that a person was impaired by THC when it wasn’t even in their blood!
All drug tests result in an unacceptable level of false-positives (5%-10% depending on the substance), but saliva tests like those being used by Michigan police in the test program are notoriously inaccurate.
Moreover, while a breathalyzer test fairly accurately conveys whether or not a person is inebriated at that specific moment, drug tests do not do so. A drug test administered to a medical-marijuana user, for example, could show a positive result for THC, despite the driver not being under its influence.
So, why are cops using this notoriously inaccurate test? The law states an officer may “arrest a person” based on their test results and they are admissible in a court proceeding against you!
If you don’t agree to take it, it’s a civil infraction with a $200 fine. And, the police have to come up with probable cause for arresting or detaining you for it to hold up in court.
If you have any questions about this or any other legal matter, call the experienced counsel at George Law 24/7 at (248) 470-4300.