LANSING, Mich. — A new round of drugged driver testing starts Tuesday across Michigan.
Police will be using mouth swabs to catch drivers under the influence of marijuana and other drugs, but how accurate are those swabs and can you refuse to take one?
News 10 talked with an attorney who says because science doesn't yet support this oral fluid test, it's difficult to know whether or not someone is actually driving impaired.
As part of the program, Drug Recognition Experts (DRE) will be doing an analysis via mouth swab in every Michigan county if they suspect the driver is impaired.
The tool can test for multiple drugs including cannabis which attorney John Fraser says is dicey.
"This oral fluid analysis is really only testing whether or not you have THC in your body at all which really isn't a predictor of whether or not you're under the influence," Fraser said. "The more THC you have in your blood doesn't necessarily mean you're stoned."
Fraser said it a driver agrees to the oral test and tests positive for THC...
"I think most officers will view that as probable cause to make an arrest. Take you back to the station and have you undergo a blood draw to try to get an idea of how much THC is in your blood. But really none of that has any real indication of whether or not you're actually impaired," Fraser said. "It takes away an argument that we may be able to have to say, look, there wasn't even probable cause to arrest you in the first place."
And just having THC in your system isn't evidence of a crime because recreational marijuana is legal in Michigan.
"The standard for operating under the influence requires the police or prosecutor show that you're actually under the influence at the time you're operating the vehicle," Fraser said.
Drivers have the right to refuse to take the oral exam and it will be a civil infraction.
"My advice would be to refuse to take the test. We don't have a lot of good science yet on how reliable these tests are," Fraser said.
State police said they didn't have anyone available to talk about the testing pilot program.
The swabs test for marijuana, amphetamines, cocaine, opiates, and other drugs.
The Ingham County Sheriff's office is taking part in the testing program.
Sheriff Scott Wriggelsworth tells us his Drug Recognition Expert was in training Tuesday and couldn't comment.
Here are a list of law-enforcement agencies who will be participating:
Adrian Township Police Department
Allegan County Sheriff’s Department
Alma Department of Public Safety
Alpena Police Department
Ann Arbor Police Department
Auburn Hills Police Department
Battle Creek Police Department
Bay City Police Department
Bay County Sheriff’s Office
Berrien County Sheriff’s Office
Bloomfield Township Police Department
Cadillac Police Department
Canton Township Police Department
Charlevoix County Sheriff’s Office
Chikaming Township Police Department
Clawson Police Department
Dearborn Police Department
Escanaba Department of Public Safety
Gogebic County Sheriff’s Office
Grand Blanc Township Police Department
Grand Haven Department of Public Safety
Grand Rapids Police Department
Grand Valley State University Police Department
Greenville Department of Public Safety
Hamburg Township Police Department
Imlay City Police Department
Ingham County Sheriff’s Office
Kalkaska County Sheriff’s Department
Kent County Sheriff’s Office
Lake County Sheriff’s Office
Lapeer Police Department
Lincoln Township Police Department
Livonia Police Department
Macomb County Sheriff’s Department
Marquette County Sheriff’s Office
Menominee Police Department
Michigan State Police
Midland Police Department
Monroe Department of Public Safety
Mt. Pleasant Police Department
Muskegon Police Department
Novi Police Department
Oscoda Township Police Department
Petoskey Department of Public Safety
Pokagon Tribal Police
Port Huron Police Department
Roscommon County Sheriff’s Department
Southfield Police Department
St. Clair County Sheriff’s Office
Troy Police Department
University of Michigan Police Department
Washtenaw Co Sheriff’s Office
Wayland Police Department
Western Michigan University Department of Public Service
Ypsilanti Police Department
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