Saliva based testing for THC will help police charge drug impaired drivers

May 24, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Police across Canada will be testing three salvia based roadside testing kits on drug impaired suspect drivers in the upcoming months. This is great news as the rate of conviction for drug impaired drivers is much lower than police would suggest is appropriate.

The tests are oral fluid screening ones that can be used at the roadside by police officers. They testing kits were developed with funding from the RCMP and the OPP jointly and research into their creation was completed in 2015. Tw of the devices are made in Germany and one in Britain. Police must conduct field testing in jurisdictions across Canada before any of them can be approved for widespread use. The field testing will help determine whether these oral fluid screening kits have the accuracy required for use in enforcing drug impaired driving laws in Canada. Once the determination is made the legislation will have to change to allow for their use.

The RCMP indicated that similar tests are being used commercially, and have been used in other countries such as Australia and throughout Europe for a decade to help catch impaired drivers. Surveys and research show that drug impaired driving is as common as alcohol impaired driving and yet it is extremely difficult to get a successful prosecution for the offence at this point.

The test will be a straight forward one, similar to a breath-a-lyzer in that the officer will ask the suspected driver to stick out their tongue for saliva collection. The results are available in about 5 minutes. They would be used alongside the regular impaired driving screening methods such as looking at driver’s eyes, asking a person to walk in a straight line, to turn, and to stand on one leg.

With the upcoming legalisation of marihuana in Canada we will require fast and reliable tests for police to use in the fight against impaired driving. We cannot continue to allow reckless individuals to endanger others on the road.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.