ORAL FLUID LEGISLATION TALKING POINTS

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ORAL FLUID LEGISLATION TALKING POINTS

 

  • Oral fluid (OF) is a non-invasive method of sample collection
  • Eliminates gender requirements in observed collections
  • Decreases potential use of adulterants or specimen tampering
  • Law enforcement who have used this method prefer it to other methods.
  • Driver friendly
  • Oral fluid drug test results were found to be scientifically reliable in a Kelly-Frye hearing for a vehicular manslaughter case in California
  • The goal for law enforcement has been to find an on-site drug screening device that is comparable to PBT’s that is non-invasive, accurate and quick. Oral fluid is all that and more.
  • In Los Angeles, cases filed with oral fluid evidence are pleading out earlier with this additional evidence, which is available at the time of filing, contrasted with cases awaiting blood test results from the lab”
  • Since oral fluid can be collected in the field, officers can obtain critical evidence close in time to the initial contact when the objective signs of impairment are present.
  • Oral fluid devices only measures active marijuana (THC:), unlike urine, OF indicates recent use only
  • Oral fluid technology is an effective training tool for law enforcement allowing the officer to quickly see the results and get immediate feedback on their roadside evaluation.
  • It also can provide probable cause for a blood draw and increase officers’ confidence in their roadside assessments
  • With an oral fluid device, there is no need for medical supervision: No HIV or hepatitis risks
  • Currently 15 states allow for oral fluid testing.
  • The main advantages are ease of collection and use, rapid results and a generally shorter window of drug detection than urine, hence a better correlation with duration of brain impairment.

 

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