HF4535

Purpose

This bill would allow peace officers to use oral fluid (saliva) screening to check drivers for drugs and would update Minnesota’s impaired driving laws. It changes when and how officers can request a test and which substances can be tested.

Main Provisions

• Section on when oral fluid screening can be used

  • If a peace officer has reason to believe a driver may be violating or has violated driving-related laws (such as driving while impaired, alcohol-related bus driving, underage drinking and driving, or certain alcohol- or drug-related violations by commercial vehicle drivers), the officer may require the driver to provide a sample of breath or oral fluid for a preliminary screening test. The screening must use a device approved by the commissioner.

• Section on implied consent and testing everyone who drives

  • The implied consent rule continues: anyone who drives or operates a vehicle in Minnesota automatically consents to chemical testing to determine presence of alcohol, a controlled substance, or related substances (including cannabis, hemp products, and cannabinoids) when directed by a peace officer.
  • A test may be required if the officer has probable cause to believe the person was driving or in physical control of a vehicle in violation of driving-while-impaired laws, and one of these conditions exists:
  • The person has been lawfully arrested for such a violation.
  • The person was involved in a motor vehicle crash resulting in property damage, injury, or death.
  • The person refused to take the screening test.
  • The screening test indicated alcohol above the legal limit (0.08) or the presence of a controlled or intoxicating substance.
  • The test may also be required if there is probable cause to believe the person was driving a commercial vehicle with any alcohol or a controlled or intoxicating substance present.

• substances covered

  • In addition to alcohol, the testing covers controlled substances and their metabolites, cannabis-related products (cannabis flower, cannabis product), hemp products (including hemp edibles), artificially derived cannabinoids, or tetrahydrocannabinols (THC) or other intoxicating substances.

How this changes existing law

• Expands testing from traditional breath tests to include oral fluid (saliva) as a preliminary screening option.
• Broadens the list of detectable substances beyond alcohol to include cannabis, hemp, and related cannabinoids and products.
• Explicitly includes testing in the context of commercial motor vehicle enforcement.
• Keeps the officer-directed, probable-cause framework for when testing can be required, including after accidents or when a test is refused or indicates impairment.

Practical effects and considerations

• Police could use saliva tests as part of the initial screening process, potentially increasing the speed of identifying impairment.
• The addition of cannabis and hemp products to the test scope reflects changing cannabis policy and use patterns.
• Questions may arise about the accuracy and interpretation of oral fluid tests versus blood tests, and how results are used in enforcement and court cases.
• The changes maintain the existing structure of implied consent and the conditions under which testing is required, including for commercial drivers.

Relevant Terms - oral fluid screening - oral fluid test - preliminary screening test - breath test - implied consent - chemical test - drinking while impaired (DWI) / driving while impaired - commercial motor vehicle - cannabis - cannabis product - cannabis flower - hemp edible - hemp-derived cannabinoids - tetrahydrocannabinols (THC) - controlled substances - 0.08 alcohol concentration - probable cause - arrest - vehicle crash or collision