SF4285 (Legislative Session 94 (2025-2026))
Peace officer authorization to use oral fluid screening of drivers to determine the presence of drugs
AI Generated Summary
Purpose
To expand how Minnesota law enforcement can screen drivers for impairment by allowing oral fluid screening and by broadening the substances that can be tested under implied consent.
Main Provisions
Oral fluid screening authority
- Peace officers may require a driver to provide an oral fluid sample (in addition to breath) for a preliminary screening test if the officer has reason to believe the driver may be violating or has violated impairment or related offenses, including DWI, alcohol-related school bus or Head Start bus driving, underage drinking and driving, or certain alcohol- or substance-related violations by a commercial vehicle driver. The screening uses a device approved by the commissioner.
Expanded implied-consent testing
- Any person who drives in Minnesota consents to a chemical test of blood, breath, or urine to determine the presence of alcohol, a controlled substance or its metabolite, cannabis (flower, product), hemp products (including lower-potency hemp edibles and hemp-derived consumer products), artificially derived cannabinoids, or tetrahydrocannabinols (THC), administered at the direction of a peace officer.
When a test can be required under probable cause
- A chemical test may be required if the officer has probable cause to believe the driver violated DWI and one of these conditions exists: 1) The person has been lawfully arrested for the violation. 2) The person was involved in an accident or collision causing property damage, injury, or death. 3) The person refused to take the screening test or preliminary test. 4) The screening test indicated an alcohol concentration of 0.08 or more, or the presence of a controlled or intoxicating substance.
Commercial motor vehicle provisions
- The test may also be required if there is probable cause to believe a person driving a commercial motor vehicle has any alcohol or a controlled or intoxicating substance in their system.
Significant Changes to Existing Law
- Introduces oral fluid as an option for preliminary impairment screening.
- Broadens the list of substances that may be tested under implied consent to include:
- Alcohol, cannabis (including cannabis flower and cannabis products), hemp products (including lower-potency hemp edibles and hemp-derived consumer products), artificially derived cannabinoids, and THC.
- Maintains breath, blood, and urine as possible mediums for the formal chemical test.
- Expands testing authority to commercial drivers under similar probable-cause conditions.
Implications and Context
- The bill strengthens enforcement tools for drug-impaired driving by incorporating oral fluid screening and a wider range of substances.
- It aligns Minnesota testing practices with evolving cannabis and hemp product use, including synthetic cannabinoids.
- It raises practical considerations around privacy, testing timing, and the reliability of oral-fluid preliminary tests in determining impairment.
Relevant Terms - oral fluid screening - preliminary screening test - device approved by the commissioner - implied consent - chemical test - blood - breath - urine - alcohol - controlled substance - metabolite - cannabis flower - cannabis product - hemp edible - hemp-derived consumer product - artificially derived cannabinoids - tetrahydrocannabinols (THC) - intoxicating substance - probable cause - arrest - commercial motor vehicle - driving while impaired (DWI) - 0.08 alcohol concentration
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 09, 2026 | Senate | Action | Introduction and first reading | ||
| March 09, 2026 | Senate | Action | Referred to | Judiciary and Public Safety |
Citations
[
{
"analysis": {
"added": [
"Authorizes oral fluid screening as part of the preliminary drug screening option.",
"Specifies the device used for screening is approved by the commissioner."
],
"removed": [],
"summary": "This bill amends Minnesota Statutes 2024, section 169A.41, subdivision 1 to authorize peace officers to require a driver to submit a sample of oral fluid for a preliminary screening to determine the presence of drugs, in certain driving-related situations.",
"modified": [
"Expands the list of possible offenses and circumstances (e.g., driving while impaired, alcohol-related or cannabis-related offenses) that authorize an oral-fluid screening."
]
},
"citation": "169A.41",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Explicitly includes cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived products, artificially derived cannabinoids, and tetrahydrocannabinols among the substances that may be tested for under implied consent.",
"Maintains that the test is administered at the direction of a peace officer."
],
"removed": [],
"summary": "This bill amends Minnesota Statutes 2024, section 169A.51, subdivision 1 (implied consent), to describe chemical testing for the presence of alcohol, controlled substances, cannabis-related substances, hemp products, and related compounds, and to require the test to be administered at the direction of a peace officer, under the implied-consent framework.",
"modified": [
"Expands the substance list beyond alcohol to include cannabis, hemp-derived products, and cannabinoids."
]
},
"citation": "169A.51",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references the implied-consent law in sections 169A.50 to 169A.53, without enacting a specific amendment to those provisions in the excerpt provided.",
"modified": []
},
"citation": "169A.50 to 169A.53",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill references Minnesota Statutes 2024, section 169A.20 (driving while impaired) as part of the offenses that may trigger testing or screening provisions, but does not amend 169A.20 within the excerpt.",
"modified": []
},
"citation": "169A.20",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill references Minnesota Statutes 2024, section 169A.31 (alcohol-related school bus or Head Start bus driving) as part of the list of offenses that may trigger testing, but does not amend 169A.31 within the excerpt.",
"modified": []
},
"citation": "169A.31",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill references Minnesota Statutes 2024, section 169A.33 (underage drinking and driving) as part of the list of offenses that may trigger testing, but does not amend 169A.33 within the excerpt.",
"modified": []
},
"citation": "169A.33",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill references Minnesota Statutes (Chapter 221) section 221.0314 as part of the list of offenses that may trigger testing, but does not amend 221.0314 within the excerpt.",
"modified": []
},
"citation": "221.0314",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill references Minnesota Statutes 2024, section 221.605 as part of the list of offenses that may trigger testing, but does not amend 221.605 within the excerpt.",
"modified": []
},
"citation": "221.605",
"subdivision": ""
}
]Progress through the legislative process
In Committee