Similar to portable breath tests to detect if a driver has been drinking, Minnesota law enforcement has tried roadside tests to preliminarily screen for recent drug use and the chemicals that can impair drivers.

It was part of a pilot program and the Minnesota Department of Public Safety recently gave its report to state legislators, recommending they approve the use and funding of the screening devices.

“This would expand the ability to stop drug-impaired driving” with the goal of safer roads for everyone, said Mike Hanson, director of DPS’ Office of Traffic Safety, on Tuesday.

The Cannabis Legalization Act passed by the legislature in 2023 included a plan for the Office of Traffic Safety to carry out a pilot program to study roadside screening tools for the presence of “a controlled or intoxicating substance” in people stopped or arrested for driving while impaired offenses, according to the report to the legislature sent last week.

Drug detected in 87% of tests

There were 57 officers, who are certified as drug recognition evaluators, from 41 agencies who tested two instruments across Minnesota last year, evaluating them for ease of use, accuracy and practicality. The pilot program was voluntary for drivers who were pulled over for suspected impaired driving.

Officers carried out standardized field sobriety tests and, if they arrested a driver, they asked if they’d take part in the pilot program to help evaluate the devices, Hanson said. The results were not used as probable cause for arrest, in prosecution or for driver’s license sanctions.

Some drivers agreed to be tested on both devices — there were 329 tests on 268 people. The tests are conducted with a cotton swab, which a driver runs over his gums. The screening machine then produces preliminary roadside results for the presence of six categories of drugs — they’re not an indicator of impairment, but recent drug use.

Drugs were detected in 87% of the tests in the pilot program, and the most frequently found substances were cannabinoids (THC or marijuana), methamphetamines and amphetamines.

“The results showed how prevalent and disturbing the simultaneous use of multiple substances is to driving impairment,” Hanson said.

More than one drug was found in 62% of the tests. In 90% of drivers found to have been drinking, based on a preliminary breath test, they also tested positive for one or more drugs, Hanson said.

‘If you feel different, you drive different’

Like portable breath tests, oral fluid testing instruments wouldn’t be admissible in court, according to the Office of Traffic Safety. The screening could be used in applying for a search warrant to draw a driver’s blood or urine for drug testing. It’s those test results from the Minnesota Bureau of Criminal Apprehension that are used in DWI cases.

The pilot program showed the drug screening was accurate in detecting the same substances the BCA found in its lab tests, though the BCA has the capability to detect more substances, according to the report.

Driving under the influence of drugs accounted for more than 8,000 DWI incidents in Minnesota from 2013 to 2017, and that number nearly doubled between 2018 and 2022, according to State Patrol Col. Christina Bogojevic.

“You don’t need a test to tell you it is never OK to get behind the wheel if you are under the influence of drugs or alcohol,” she said. “Our troopers see every day how the choice to drive impaired can end badly in so many ways — getting arrested for driving while impaired is not just a simple traffic citation. It’s a crime that can cost you thousands of dollars, a loss of a driver’s license and possible jail time.”

And Bogojevic said, “That’s the best possible outcome — at least you’re alive and no one else was harmed because of an easily preventable decision.”

A survey released by AAA this month showed 85% of people who used cannabis reported driving the same day, 53% said they used cannabis an hour or less before driving and 81% “falsely believed their driving was the same or better after using cannabis,” she said.

When are people safe to drive after consuming cannabis?

“If you feel different, you drive different,” said State Patrol Sgt. Tyler Milless. “… If at any point that you doubt your safety to drive, get a sober ride.”

The Minnesota House and Senate transportation committees authorized the drug screening pilot program and allocated about $900,000 for purchasing devices, training officers and preparing a report about the results. The Office of Traffic Safety submitted the report last week to the committees.

The devices cost about $5,000 each to purchase and each test costs $25-$30, Hanson said.

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