House Government Operations Chair Brian BeGole recently led a hearing on the dangers of driving while impaired and bipartisan plans that will give law enforcement officers tools to help keep Michigan’s roadways safe.

BeGole’s measure, House Bill 4390, allows 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. A total of 32 states use oral fluid screening to detect impaired drivers, and the National Transportation Safety Board (NTSB) has recommended that Michigan adopt this testing method to address a significant, nationwide public safety issue.

“This plan will improve roadway safety, reduce serious injuries and save lives here in our state,” said BeGole, of Antrim Township, when testifying before the committee. “Of the 1,021 fatal crashes that occurred in Michigan in 2023, nearly 25 percent of all deaths on our roads were drug-related. One death from an impaired driver is one too many. With these heartbreaking statistics, it’s time we strengthen our efforts to keep our roads safe and this emerging technology and testing capability will allow us to do that.”

“Given the added complexities of detecting drug-impaired driving, it is important that state laws facilitate and do not restrict law enforcement from using all available and proven tools,” said NTSB board member Thomas Chapman following BeGole’s testimony. “Although some states restrict alcohol and other drug testing to samples of blood, breath or urine, our 2022 Safety Research Report found that oral fluid is a valuable, but underutilized biological specimen for detecting a driver’s drug use – and it can help support enforcement of impaired driving laws.”

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. Updates in the technology behind the collection devices will also soon let law enforcement detect for fentanyl.

“Michigan is a zero-tolerance state,” BeGole said. “We do understand that there are legal prescriptions that people take and they may use marijuana recreationally, but that doesn’t excuse the fact that once they do, they shouldn’t be operating a vehicle. When an officer has probable cause to suspect someone may be driving while impaired by drugs, they need every tool available to help corroborate that.”

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.

Others who testified in support of the legislation included Troy Meder, who is nearly a 25-year veteran of the Michigan State Police and serves as Chief of Police in the village of Chesaning in BeGole’s House district, and Brian Swift, of Escanaba. Swift’s mother and father were killed in 2013 after an impaired logging truck driver ran a stop sign and struck their vehicle. The truck driver tested positive for THC and was sentenced to prison.

In the years following, Swift took the lead in getting the first legislatively mandated statewide oral fluid drug testing program in the country signed into law in Michigan. The 2016 pilot program began in five counties run by the Michigan State Police and was expanded a year later to include every county in the state. Data collected from the program supported the use of this technology and showed it was easy to use, reliable and accurate for the purposes of preliminary roadside testing. Other states have established their own programs or proposed legislation modeled on what Michigan did with its pilot program.

“It’s hard to put into words the uncertainty, the doubt and the anger you feel in a time of tragedy – especially with an event that was 100-percent preventable,” Swift said during testimony. “I’ve worked with many in the state to determine what was needed to help proactively curb this public health and safety crisis that we have going on here. The use of this technology proactively can prevent another tragedy like mine before it happens again.”

Several groups submitted support for the plans, including the Michigan State Police, the Michigan Sheriffs’ Association and the Michigan Association of Chiefs of Police. BeGole’s bill, HB 4390, and HB 4391 sponsored by state Rep. Julie Rogers (D-Kalamazoo) remain under consideration in the House Government Operations Committee.