Michigan motorists could soon face roadside saliva drug tests, despite research indicating that these tests may have significant limitations.

Of course one should not be driving drunk, high or on other drugs or not understanding the left lane is the fast lane and that’s that.

Who cares about less than accurate results, un-needed arrests and possibly covert DNA harvesting. It completes the economic circle for the government to take more. Sell it, tax it, protect your corner and get the users you sold it to into the justice system. Another form of recycling.

House bills 4390 and 4391

The proposed bills would enable law enforcement to administer tests aimed at assessing driver impairment; however, these testing devices do not provide information regarding the level of impairment. Instead, they solely indicate the presence of specific drugs. The legislation received unanimous approval from the Government Operations Committee on May 22, 2025.

Between 2018 and 2020, the Michigan State Police carried out two pilot programs involving roadside drug detection devices, with the latter program incurring costs of $626,000 and resulting in a notable number of inaccuracies.

At least they didn’t spend 20 million for ingenious projects like SAM

The Sotoxa Mobile Test System devices utilized in the pilot programs were manufactured by Abbott and are priced at approximately $6,000 each, leaving uncertainty about which devices will be authorized if the new legislation is enacted.

The findings from the 2020 pilot program revealed that almost 11 percent of tests yielded false positives or false negatives, demonstrating a lack of alignment with the outcomes of subsequent blood tests.

Julie Rogers, D-Kalamazoo is one who sponsored HB 4391

She called the test “a complementary tool” that supports officers “when formulating reasonable suspicion or probable cause determinations.”

A good reason to keep your Medical Marijuana Membership Card

The wording in the proposed legislation allows law enforcement to make arrests based solely on the results of roadside saliva tests according to the bill analysis, but the presence of THC may linger in saliva for hours after after the high is gone studies have found.

MLive partnered with AL.com on an investigation into the national DRE program last year. An investigation revealed the DRE program, while supported as an accurate tool by law enforcement, is discredited as subjective “junk science” by critics.

MLive discussed the topic with drugged- and drunk-driving attorney Michael Komorn, who’s been an outspoken critic of roadside saliva testing. He maintains his position.

“Don’t spit,” he said, “because the spit tests are junk science.”

• Read more here at MLive
• Read the MLive Article on DRE and Junk Science Here

Some excerpts from the introduced bill and fiscal analysis (full document links below)

(d) Except as provided in subsection (5), a person who refuses
to submit to a preliminary chemical breath analysis or a
preliminary oral fluid analysis upon a lawful request by a peace
officer is responsible for a civil infraction.

(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis upon a peace officer’s lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(9) A person’s refusal to submit to a chemical test as
provided in subsection (6) is admissible in a criminal prosecution
for a crime described in section 625c(1) only to show that a test
was offered to the defendant, but not as evidence in determining
the defendant’s innocence or guilt. The jury must be instructed
accordingly.

(i) Forward a copy of the written report of the person’s
refusal to submit to a chemical test required under section 625d to
the secretary of state.
(ii) Notify the secretary of state by means of the law
enforcement information network that a temporary license or permit
was issued to the person.
(iii) Destroy the person’s driver license or permit.

Violations could be either civil infractions, misdemeanors, or felonies,
depending on the circumstances. The majority of revenue received from payment of fines for civil infractions would increase funding for public and county law libraries.

• HB4390 HIB Introduced Version 2025-04
• HB4391 HIB Introduced Version 2025-04
• HB4390 House Fiscal Summary 2025-05

Past Articles

• Roadside Drug Testing Expands to All Counties in Michigan (2019)
• Michigan roadside drug testing device and procedures explained
• Defense attorneys say drivers should refuse Michigan’s new roadside drug tests (2020)
• It may just be easier to collect and analyze tears.
• Michigan lawmakers want to revive roadside drug testing. Critics say, ‘Don’t spit’ (2025)

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