The introduction of forensic testing results into evidence in a criminal case is always within the sound discretion of the trial judge who acts as a gatekeeper. That said, a new statute purports to allow the introduction of roadside oral fluid test results for certain drugs to be admitted into the trial of an impaired driving case. See: Public Chapter 403 of the Acts of 2025.
Judges need more information.
The Tennessee Highway Safety Office is in the process of supplying 24 Abbott SoToxa Oral Fluid Mobile Testing Devices to pre-selected police agencies across Tennessee for limited use in cases where probable cause has otherwise been established to arrest for impaired driving. Per protocols, the results from the officer conducted field test by use of an oral swab and compact analyzer might be used to support an application for a search warrant to draw a blood sample from the driver.
The devices are designed to detect recent use of six drug classes and the specific chemicals that can impair drivers: amphetamines, methamphetamines, benzodiazepines, cannabinoids, cocaine and opiates.
A high percentage of drivers who test positive for alcohol presence will also test positive for one or more of these intoxicating drugs according to many studies.
Several laboratory tests have validated the use of oral fluid testing devices for screening purposes. However, the technology only identifies the presence of the drugs and is not an accurate measure of the quantity of the drug within the body.
Tennessee joins many other states that are currently administering some version of jurisdictional roadside oral fluid drug testing program. For a complete description of these programs, see to the information provided by Responsibility.Org.
