Vermont Senate panel nixes saliva testing for drugged drivers

An attempt to permit police in Vermont to use saliva to determine whether a driver is operating a vehicle under the influence has likely been shelved for the year.

Vermont law now permits police to administer a Breathalyzer test to measure the blood alcohol limit for drivers suspected of driving under the influence of alcohol. Motorists with a blood alcohol content of at least 0.08 percent are escorted to a law enforcement office and given a blood test. For commercial drivers, the threshold is 0.04 percent.

Police are limited to using blood tests to show that drivers are impaired by drugs. Blood tests must be done at a hospital and require a warrant.

The Senate Judiciary Committee voted 4-1 to reject a bill to authorize law enforcement to use a roadside saliva test to screen vehicle operators for the presence of certain drugs, including marijuana. House lawmakers previously approved the bill.

The bill, H237, called for requiring drivers testing positive for drugs that include opioids to take a follow-up saliva test. The test could be used as evidence in court.

Unlike an alcohol test, there would be no numerical limit to define drug impairment with a saliva test. Instead, the saliva test would be used to confirm the presence of certain drugs in the driver’s system.

The pursuit of permission to collect saliva for testing purposes follows the recent enactment of a bill to legalize recreational marijuana use. The new rules take effect on July 1.

Supporters said a saliva test is less invasive than a blood test. They added that a saliva test is also much quicker to administer.

The American Civil Liberties Union of Vermont opposed H237. The group cited multiple privacy concerns.

Speaking at a previous legislative hearing on the bill, Vermont Department of Public Safety Commissioner Thomas Anderson said the saliva test would simply be one more tool for officers to determine whether a driver is impaired.

To view other legislative activities of interest for Vermont, click here.