A longtime Michigan sheriff wants police armed with a handheld spit-test device to help determine whether drivers are high on drugs.
State Rep. Brian BeGole, R-Antrim Township, the former Shiawassee County sheriff, held up one of the Abbot Laboratories’ SoToxa devices during a Michigan House Rules Committee hearing on Thursday, June 6.
By inserting a swab containing saliva, manufacturer’s claim it can detect the presence of certain drugs within a few minutes.
Critics believe use of the tests will lead to improper arrests. Supporters say they’ll remove dangerous drivers from the roadway.
“A lot of people are trying to put up a smoke show,” BeGole said of the critics. “They want you to believe that this instrument is going to determine whether innocent people may be arrested.
“It doesn’t determine a level of impairment … all it does is show the officer, ‘OK, (are) your suspicions correct?’”
The devices provides a positive or negative result based on the presence in saliva of amphetamine, benzodiazepine, marijuana (THC), cocaine or opiates. It doesn’t quantify the amount or evaluate the level of impairment.
A 2022 study using the SoToxa devices found they “did not detect fentanyl, which is increasingly prevalent among drug users.”
While BeGole said roadside results won’t be a determining factor when police make an arrest, he offered an example that contradicts that.
“Maybe the person said, ‘I was adjusting my radio,’ or maybe, ‘I’m just tired,’ and then this actually saves people, right?” he said. If there are no signs of alcohol or drugs, “You’re on your way.”
A legislative analysis produced by the House Fiscal Agency said the tests “could lead to an arrest based on its results.” This is where critics become concerned.
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