NILES, Mich. — Michigan State Police officers are conducting roadside saliva tests on suspected drug-impaired motorists as part of a program spurring questions about the tests’ accuracy.
State Police Special First Lt. Jim Flegel told the South Bend Tribune that the program uses a portable saliva-testing device that can tell officers if there are certain drugs in a driver’s system, such as marijuana or opiates. The program will test the accuracy and reliability of the Alere DDS2 device, which is meant to assess the presence of drugs in about five minutes.
(HMMMM…..DNA Collection device?)
Law enforcement and academic experts say settling on such a test is complicated because drugs affect everyone differently and there is wide variation in the potency of pot and other drugs and the way they are consumed. As a result, there is no consensus on what level amounts to impairment.
“Nobody should be compelled to take this test until we’ve got some confirmation that it is an accurate test,” Michael Komorn said. “That’s basic fundamental liberty and freedom, that government shouldn’t be able to subject individuals to tests.”
The $150,000 program is called the Preliminary Oral Fluid Analysis. It aims to combat an increase in fatal crashes caused by drug-impaired drivers, Flegel said. Officers must have a reason to suspect impairment before testing a driver, he said. Officers have undergone a two-week training course and must follow a 12-step analysis to assess potential drug impairment.
The state saw a more than 30 percent increase in fatal crashes from 2015 to 2016. There were almost 240 fatal crashes in 2016, compared to almost 180 crashes the previous year.
The program is currently being used in five Michigan counties: Berrien, Delta, Kent, St. Clair and Washtenaw.
Police will report to the Legislature in a year about the program’s accuracy and the number of arrests. The program could be rolled out to more areas if it’s found to be effective, Flegel said.
Published: Nov 27, 2017, 10:14 am • By The Associated Press
The number of citations for driving while under the influence of marijuana dropped by 33.2 percent in the first quarter of 2017 compared with the same period last year, but the number of people using marijuana and then driving continues to be a concern for Colorado officials.
“We’re still troubled by the fact that marijuana users are still telling us they routinely drive high,” Colorado Department of Transportation spokesman Sam Cole said Monday. “We’re pleased with the awareness, but we’re not so pleased with the behaviors that are actually happening.”
Cole said that in a survey conducted by CDOT, 55 percent of marijuana users said they believed it was safe to drive while under the influence. So three years ago when recreational marijuana was legalized, according to Cole, CDOT launched the “Drive High, Get a DUI” campaign to raise awareness that driving while stoned was illegal.
“There’s a lot of troubling information we’ve collected and many marijuana users indicate they drive high and they don’t think it’s a danger,” Cole said. He added that among survey respondents who said they used marijuana within the last 30 days, “Fifty percent of marijuana users say they have driven high.”
Despite CDOT’s concerns and what marijuana users might think, the Colorado State Patrol reported that from January to March of 2017, 155 people were cited for marijuana-use-only impairment while driving, compared to 232 cited from January to March of 2016. The number of citations noting combined alcohol and marijuana use also declined, with 50 in the first quarter of 2017 compared with 69 in the first three months of 2016.
“Are the citations going down? Yeah, but is the number of people using marijuana and then driving going down? I don’t know how to quantify that,” said Nate Reid , a CSP spokesman. “This is just after the officer stop. This isn’t post-conviction or after they may have been arrested.”
Recreational marijuana use might be somewhat new, but troopers have great experience detecting impaired drivers, Reid said.
“We’ve been arresting for marijuana for a long time,” he said. “There’s no sure sign somebody is impaired by alcohol or drugs. It’s the trooper’s personal contact after a stop, along with their driving behavior. Troopers have been trained in advance for detecting alcohol and marijuana and other prescription drugs.”
During the month of March in 2016, marijuana-related citations made up 17.8 percent of 337 total DUIs. In March 2017, marijuana-related citations made up 16.4 percent of 396 total DUIs. There was a year-over-year decrease from seven to three fatal alcohol- and drug-related crashes in the same span.
With 4/20 just around the corner and thousands of marijuana users planning to commemorate the day in downtown Denver, CDOT, CSP and other organizations are encouraging people to have a fun, but safe celebration.
“Take the high road this 4/20, and don’t DUI!” a release from CSP said. “The Colorado State Patrol will be in full force this 4/20 week encouraging the public to get a safe ride home and not drive impaired.”
CDOT has partnered with ride share companies to offer discounted rides on Thursday and started the “320 Movement” with Lyft, where a fleet of 17 vehicles were wrapped in green “Plan a ride before you’re high” messaging. The goal is to encourage marijuana users to plan ahead for a safe and sober ride leading up to 4/20.
“We have a lot of opportunities this week and the next four days to introduce behavior changes to marijuana users during 4/20 so they can get in the habit of planning for a safe ride home,” Cole said. “We want 3/20 to be as synonymous with safety as 4/20 is with having a good time.”
Hayley Sanchez covers the city and metro area for The Denver Post. After tracking homicides in Washington, D.C., for D.C. Witness, she was a reporter for The Bulletin in Bend, Ore., covering Central Oregon’s breaking news, education, marijuana and more.
Arrests for DUI’s have been on the rise across Michigan. This trend could drastically increase as The National Transportation Safety Board (NTSB) has called on state authorities to reduce the legal limit to 0.05 percent. Currently, all 50 U.S. states have a blood alcohol content (BAC) limit of 0.08 percent for drivers aged 21 and over. To see a map of DUI arrests made by county in Michigan, please click the link below.
If you or someone you know has been arrested for a DUI/DWI, contact Komorn Law and ensure you have the best legal team on your side.
For nearly 20 years, the Law Office of Michael Komorn has provided outstanding, results-focused legal counsel to its clients in all areas of criminal defense – in state and federal courts – including medical marijuana law. Our mission is to provide the highest standards of legal advice and expertise with an emphasis on client satisfaction and exceptional results.
An experienced litigator with nearly two decades in criminal law defense, Michael Komorn and his team take an aggressive approach toward all issues, on every case, giving our clients an edge through the legal system.
Our firm has a well-earned reputation among Prosecutors, Law Enforcement Agencies and fellow attorneys defending our clients with the most innovative and dynamic defense strategies to ensure rights are fully protected and favorable outcomes are achieved.
Please contact us for a free, no-obligation case evaluation at 800-656-3557.
Michael Komorn is a member of:
NORML Legal Committee
State Appellate Defenders’ Office
Wayne County Bar Association
Oakland County Bar Association
Criminal Defense Attorneys of Michigan
State Bar of Michigan
American Bar Association
