FAIRMONT – With a successful state-wide test on the books, the Minnesota Office of Traffic Safety (OTS) wants to install mobile drug detection devices in all police departments across Minnesota.

Two instruments, the Abbott SoToxa™ Oral Fluid Mobile Test System and Dräger DrugTest 5000, were given to 41 law enforcement agencies across 36 counties in the state. The instruments would function and have the same legal effect as a Breathalyzer, to help establish probable cause for a DWI arrest before a blood test can be authorized and completed.

A pilot program to test the effectiveness of each device was executed from January to the end of August 2024.

“Preliminary breath testing (PBT) instruments in Minnesota underwent a rigorous certification program to gain approval for law enforcement use by the Minnesota Legislature and the Minnesota Department of Public Safety (DPS) commissioner,” an OTS report to the state legislature said. “To ensure the longstanding use of new roadside oral fluid testing technology, Minnesota followed a similarly rigorous certification program for oral fluid screening.”

The devices test for marijuana, amphetamines, cocaine, meth, opioids and benzodiazepines. To test the effectiveness, oral swabs were taken from pulled-over drivers who agreed to be a part of the program. The results from those swabs were then compared to lab results using blood. For all drugs besides benzodiazepines, the test results matched 80 percent or more of the time.

“The pilot project showed that the oral fluid instruments accurately detected the same substances the BCA found in its laboratory tests,” a release from the OTS said. “As expected, the Bureau of Crime Apprehension detected more substances than the oral fluid testing instruments due to factors such as its more extensive testing capabilities.”

Officials are not concerned by the ineffective benzodiazepine results due to previously known factors which make identifying them difficult in saliva.

According to the information gathered by the Star Tribune, the OTS is asking lawmakers to approve use of the devices and cover the cost of implementing them in all police departments across Minnesota. This would come at $5,000 per testing unit and $25 per test.

“If we can save one life by deploying these things, it is absolutely worth every penny we can invest in it,” OTS director Mike Hanson told the Star Tribune. “We are excited what these instruments can do to keep you and your family safe on the road. The technology works.”

Fairmont Patrol Officer Parker Stevens said currently meth, alcohol and cannabis are the three most common substances found in impaired drivers pulled over. Stevens said for controlled substances the procedure is different from alcohol.

“We end up placing them under arrest and apply for a search warrant for blood or urine sample,” he said. “That goes to one of our local district judges. They review the search warrant. If they deem we have probable cause to collect the sample, we can bring them to the ER and have a lab tech draw a sample from them.”

With probable cause in these situations, it falls back to observation of driving conduct and field sobriety observations. Stevens said with marijuana, smelling it does not give them probable cause due to a ruling by the Minnesota Supreme Court.

Stevens started working with Fairmont PD in 2021 before marijuana was legalized. Since legalization, he has seen two distinct changes. One is an increase in marijuana odor within pulled-over vehicles. Two, an increase in marijuana-impaired driving among 18 to 24 year olds.

“I work closely with Martin County Substance Abuse Prevention Coalition,” Stevens said. “There has been a pretty big uptick of youth using marijuana, THC. It’s becoming so easily accessible and purchased now that it’s legal in this state.”

To have a tool like the SoToxa™ or Dräger oral swab machines, Stevens said it would be beneficial.

“If they had a tool we can put in our back pocket to help us, that’d be awesome,” he said. “I wish it was already established, and I wish we had it. I think our department would do well if we had it, and hopefully we do [soon].”

For more information, visit https://dps.mn.gov/news/ots/roadside-screening-tools-could-help-law-enforcement-detect-drug-impaired-driving