State Rep. Brian BeGole has introduced legislation that will give law enforcement officers the latest tools to help protect Michigan drivers.

House Bill 4390 will allow oral fluid screening as a means for law enforcement to determine if people have controlled substances in their body and are operating a vehicle while impaired.

Oral fluid collection is non-invasive and simple. It provides results for common drugs such as cocaine, amphetamines, methamphetamines, THC, and opioids and shows recency of drug use as opposed to historical use. BeGole said updates in the technology behind the collection devices will also soon let law enforcement detect for fentanyl.

“Different things besides alcohol impair drivers. Law enforcement officers who are protecting the public and keeping our roads safe need to be able to determine if someone is operating a vehicle while under the influence of drugs if they have reason to suspect that is the case,” said BeGole, who has over 30 years of law enforcement experience, including six as Shiawassee County Sheriff. “By embracing this technology, our state can save lives and be a leader in public safety.”

Oral fluid screening occurs at the tail-end of an impaired driving investigation following the administration of field sobriety tests and preliminary breath testing to see if there is probable cause for a drug-impaired arrest. To take a test, a person places a sterile swab in their mouth and rubs it under their gums and tongue, as well as on the inside of their cheek. The test sample is then placed into a handheld screening machine that can perform an analysis within five minutes.

In 2016, Michigan instituted landmark pilot programs that authorized law enforcement to use oral fluid screening during roadside stops to identify drug-impaired drivers. Data collected supported the use of this technology, and showed it was easy to use, reliable and accurate for the purposes of preliminary roadside testing. As police continue to examine ways and look for tools for how to identify drivers who may be under the influence of drugs, other states have established their own programs or proposed legislation modeled on what Michigan did. Over 20 states have oral fluid authorization written into law. The National Transportation Safety Board has recommended that Michigan make this type of testing permanent to address a significant, nationwide public safety issue.

In 2023, Michigan State Police reported that impaired driving was a factor in 454 deaths statewide and over 10,000 crashes occurred involving an impaired driver. Nearly 2,500 people in Michigan have died in drug-involved crashes in the last decade.

“These are incredibly heartbreaking statistics,” BeGole said. “That’s a son, daughter, mother, father, sibling, or friend that isn’t returning home to their loved ones because someone got behind the wheel while impaired. Educating the public on the dangers of driving while impaired from drugs or alcohol is incredibly important. We must also support law enforcement so that drivers who are on our roads while impaired from drugs or alcohol are removed before they cause a tragedy.

“We saw success with the pilot programs from a few years ago. Equipping our law enforcement officers with this testing ability and clarifying it in law is the right move for Michigan.”

The bill was referred to the House Government Operations Committee for consideration.

PHOTO INFORMATION: State Rep. Brian BeGole displays an oral fluid screening device in his legislative office in Lansing. BeGole has sponsored a new bill that will allow oral fluid testing as a means for law enforcement to determine if people have controlled substances in their body and are operating a vehicle while impaired.