An Act to amend 343.303 of the statutes; Relating to: the use of oral fluids for preliminary screening of a person suspected of operating a motor vehicle while intoxicated.
Impact
If enacted, SB678 will modify Section 343.303 of the statutes, providing law enforcement greater authority to use both breath and oral fluid tests when determining if a driver is impaired. This could facilitate quicker assessments and subsequent actions regarding OWI violations, potentially reducing the risk of intoxicated drivers on the road. The preliminary tests would primarily serve as a means of establishing probable cause for arrest but would not be admissible as direct evidence in court unless the arrest is contested or to demonstrate that a chemical test was legitimately required.
Summary
Senate Bill 678 proposes an amendment to the existing legislation concerning the preliminary screening methods for individuals suspected of operating a vehicle while intoxicated. The bill allows law enforcement officers to request a sample of a person's breath or oral fluids for preliminary screening in addition to the previously existing breath tests. This change aims to enhance the capability of officers to evaluate potential intoxication more effectively in various scenarios, particularly when dealing with suspected Operating While Intoxicated (OWI) offenses.
Contention
While the bill is geared towards enhancing public safety, there are potential points of contention regarding civil liberties and the implications of increased testing authority for police officers. Critics may argue that this amendment gives law enforcement too much power and may lead to unwarranted searches and screenings. Additionally, concerns about the accuracy and reliability of oral fluid tests compared to traditional breath tests might be raised, impacting public trust in the legal process surrounding intoxication enforcement.
Crossfiled
An Act to amend 343.303 of the statutes; Relating to: the use of oral fluids for preliminary screening of a person suspected of operating a motor vehicle while intoxicated.
Establishes an oral fluid task force to study and make recommendations on best practices for the testing of oral fluids to determine impairment due to drug intoxication while operating a motor vehicle in the state; replaces the word "saliva" with the term "oral fluid" and relates to the testing of oral fluids.
A bill for an act relating to medical personnel authorized to withdraw a specimen of blood from a person suspected of operating while intoxicated.(See HF 935.)
A bill for an act relating to medical personnel authorized to withdraw a specimen of blood from a person suspected of operating while intoxicated.(Formerly HSB 171.)