Arkansas police to test saliva of drivers for drugs and a police officer is a distributor of the product

Arkansas law enforcement may now test a person’s saliva to determine if they are under the influence of alcohol or drugs. The law was passed in March and went into effect July 17.

So far, eight states and one unincorporated US territory include saliva testing in their DWI laws including: Oklahoma, North Dakota, New York, Missouri, Michigan, Utah, Colorado, California and Puerto Rico.

Lieutenant Allan Marx with the Sebastian County Sheriff’s Department was a driving force behind the changing law. He said before the Arkansas DWI law changed, officers could test a person’s blood, urine and breath.

Marx said while working a case last year, he learned about saliva testing and recognized a need for it in Arkansas.

“If there’s ever a new way, a new tool that we can use to help not only law enforcement but help the public and the safety of the people out there, it needs to be used,” said Marx. “I believe this product is going to save lives.”

Marx said a driver who fails a field sobriety test may be subjected to a saliva test. According to Marx, the test – which is 94-99% accurate – will detect intoxicants like alcohol, amphetamine, benzodiazepines, buprenorphine, cocaine, cotinine, EDDP, ketamine, marijuana, methadone, methamphetamine, opiates, oxycodone, phencyclidine and propoxyphene.

Marx said he believes in the saliva test kits so much, he's become a distributor of the product. His website, gotchadwi.com, provides further details about the product and the history of the law change. (drug-aware.com and xlar.com also sell saliva testers)

The results of the saliva tests are available within ten minutes and will determine whether an arrest should be made. A positive saliva test will serve as probable cause for an arrest, and blood or urine will be collected at the jail.

Due to the infancy of the new law, Marx said the admissibility of the tests have not yet been tried in court. However, he said the tests have been used for years in the hiring process.

“Obviously it’s a brand new law, and that will come into effect,” said Marx. “But there should not be any opposition whatsoever.”

The new law was supported by the Arkansas Prosecuting Attorneys Association, Sheriffs’ Association and Association of Chiefs of Police before passing through the state House and Senate with little resistance. Chief Percy Wilburn, President of the Association of Chiefs of Police, said the saliva test will be a beneficial tool for law enforcement officers.

“We feel like it will help reduce the amount of drivers that are on the highway that are under the influence of alcohol and other controlled substances,” said Wilburn.

The price for a single test starts at $11.95. Marx said law enforcement agencies may purchase the test kits with taxpayer money, funding from the Drug Task Force, money seized to fight the war on drugs or grants.

Marx said the saliva test kits will save thousands of dollars on training and overtime costs because any officer who completes the online training may administer a saliva test. He said the saliva tests are also more cost-effective than blood tests which can cost about $150 each.

The sheriff’s departments in both Sebastian and Scott counties will be putting the saliva test kits in patrol cars and several other agencies which are expected to follow in the near future, according to Marx. (It’s safe to presume we'll be seeing these devices in unconstitutional DUI checkpoints across the nation as police and towns profit from their use. Don’t forget, these tools are necessary for your protection)

http://5newsonline.com/2013/07/21/state-law-enforcement-to-test-saliva-for-drugs/ 
White Paper: Drug Testing Results Often Inaccurate, Unreliable - See more at: http://blog.norml.org/2012/03/23/white-paper-drug-testing-results-often-inaccurate-unreliable/#sthash.EjzRvcou.dpufWhite Paper: Drug Testing ResultsNational Workrights Institute.
White Paper: Drug Testing Results Often Inaccurate, Unreliable - See more at: http://blog.norml.org/2012/03/23/white-paper-drug-testing-results-often-inaccurate-unreliable/#sthash.EjzRvcou.dpufQuestions persist concerning saliva drug testing kits accuracy:

Saliva Drug Test Kit contains a saliva collector and the test device. At any time of the day, saliva can be obtained using the saliva collector which has a sponge at the end that needs to be fully saturated with saliva for about 3 minutes. Before taking the test, the person to be tested should not take anything in their mouth including any food, drink, or tobacco.

The fully saturated sponge shall be pushed into the test device and results are expected within 10 minutes. The test is considered to have a negative result when a line appears and positive for the tested drug when no line appears. In order for the test results to be valid, the "control" line must also appear.

Although the Saliva-Based Drug Test may be preferred by some because it is not invasive, the high rate of inaccuracies in test results cannot be ignored. The main problem appears to be with the tubes and reagents used to collect saliva which produce reaction with the hormones thereby providing inaccurate results. The said materials are not able to stabilize the hormones and present breakdown while in transit.

The use of oral fluid drug tests in the workplace is considered a violation in many states and federal laws. The low saliva-plasma ratio continues to be the main cause of difficulty in detecting drugs specifically THC and benzodiazepines. The very small window of detection which is placed at a maximum of 6 to 12 hours also makes the Saliva-Based Drug Test Kit results highly unreliable. There are also many offered adulteration products which are easily accessible for the purpose of avoiding drug detection through the saliva.

Saliva-Based Drug Test Kits tend to work only in the most ideal situation which is of course not always the case in drug testing. Screening for drug use especially in the work place cannot be left to chance. Neither is it advisable for home use since timely detection of drug use within the family is no less important.

FDA's toughening of its stand against Saliva Drug Test Kits is just part of its efforts to ensure that the offered products measure up to the standards set up by the regulating agencies. 
http://voices.yahoo.com/why-fda-toughened-its-stand-against-saliva-based-drug-11814948.html

Oratect HM-15 FDA approved saliva drug test:
http://www.accessdata.fda.gov/cdrh_docs/pdf10/K103227.pdf
http://www.accessdata.fda.gov/cdrh_docs/reviews/K103227.pdf

Home drug test kits are mostly unreliable:
http://pediatrics.aappublications.org/content/113/4/720.abstract

National Workrights Institute white paper: Latest research reveals new problems with drug testing
http://workrights.us/wp-content/uploads/2012/03/NewInformationDrugTesting.pdf 

The Substance Abuse and Mental Health Services Administration (SAMHSA) whitepaper:
http://www.ncsacw.samhsa.gov/files/Drug_Testing_White_Paper_508.pdf