Proposed Bill May Allow New Drug-Detecting DUI Technology

Lawmakers and authorities are continually looking for ways to improve DUI enforcement, especially when it comes to cracking down on motorists who drive under the influence of drugs. A newly proposed bill making its way through the legislature - California Assembly Bill 1356 - could help law enforcement by allowing them to use new drug-detecting DUI technology.

Here are some details about AB 1356

  • In order to allow law enforcement to use the new drug-detecting DUI technology, Assembly Bill 1356 proposes a change to the state's current "implied consent" law. The change stipulates that any person driving a motor vehicle has given consent to have their blood, breath, or oral fluids chemically tested.
  • Under AB 1356, law enforcement would be allowed to use a device known as the DDS 2 Mobile Test System, which can screen saliva samples taken via swab for the presence of amphetamines, cocaine, marijuana, methamphetamines, or opiates.
  • Backers of the bill say that the device - which is said to have a 90% accuracy rate - can aid law enforcement officers in their determinations of whether to arrest a motorist under suspicion of DUI.

Although AB 1356 appears to help authorities in their quest to keep impaired drivers off public roads, many have expressed concerns that the proposed bill could complicate DUI cases and infringe on the rights of suspects. For example, some lawmakers and defense attorneys have voiced concerns over the true accuracy of test results. There also remains the issue as to whether the presence of marijuana indicates actual impairment.

While it remains to be seen if AB 1356 will receive the support it needs to become law, it is clear that legislators are constantly working toward tougher DUI laws and enforcement strategies. As such, individuals arrested for driving under the influence today can expect tough prosecution and harsh penalties that can be difficult to navigate or avoid without the help of seasoned defense attorneys.

At Lessem, Newstat & Tooson, LLP, our DUI lawyers are dedicated to protecting the rights and futures of clients charged with DUI. For questions about your case and how we can help, contact our firm for a FREE case review.