Relates to saliva swabs and chemical tests in certain cases

Summary of specific provisions

Amends subdivisions 1 and 2 of § 1194 of the Vehicle and Traffic Law (VTL) to place the use of saliva swabs for the detection of drugs on a par with roadside breath tests for alcohol as an accepted field test and the basis for establishing reasonable cause that a person was driving while under the influence of drugs or combined drugs and alcohol. Amends subdivision 3 of VTL 1194 relating to compulsory chemical tests, to allow the following to be permissible in establishing grounds for a court-ordered compulsory chemical or blood test in cases where a person is involved in a crash resulting in the death or serious physical injury of a third party:

(1) A saliva swab indicates the consumption of drugs; or

(2) A police officer trained and certified as a "Drug Recognition Expert" or trained and certified under NHTSA's A-Ride program has reason to believe that such person is under the influence of drugs or the combined influence of drugs and alcohol.

Justification

Over the past several years, the number of persons arrested and convicted for driving while impaired by drugs has increased by about 15%, while the number of persons convicted of driving while intoxicated or under the influence of alcohol has dropped by approximately 20%. The upward trend of driving while under the influence of drugs is explained by a couple of factors. First, there are more and more people using more and more substances out there, ranging from prescription drugs and pain killers to the standard illegal drugs such as cocaine and heroin to synthetic drugs and boutique chemicals (many of which are not included on the list of "drugs", but should be. Second, more and more police officers throughout the United States, and particularly in New York, are receiving special training in drug recognition. This level of training and certification, which includes a wide range of skills (including the use of the horizontal gaze nystagmus test for detecting several of the drug groupings has long been an emphasis of the State's STOP-DWI programs. With more and more training and certification, more and more impaired drivers are being detected, arrested and prosecuted.

For decades, a test of saliva has long been one of the approved tests that may be administered to a suspected impaired driver. Until recently, shortcomings in the technology had rendered the saliva test as something of a non-factor in the ongoing struggle to keep drunk and impaired drivers off the road. However, improvements in the use of the non-intrusive "saliva swab" have made preliminary detection of drug use comparable to the long-accepted "preliminary ('roadside') breath test" -- which may be used to confirm reasonable suspicion based on standard field sobriety tests. Often drivers exhibiting signs of impairment during the field sobriety may test for no or low alcohol.

The saliva swab will provide police officers with an alternative, non-intrusive method for confirming (or dismissing) whether the grounds for failing the SFSTs related to impairment by drugs.

Together the use of advancements in the use of saliva as a useful test, and the increased training of police officers in drug recognition, has made it possible to apply the same type of resources in the fight against drugged driving as in the fight against the drunk driving. These minor amendments will help the law keep up with those advancements.

Prior legislative history

Passed Senate 2014

Fiscal implications

None

Effective date

This act shall take effect on November 1st.