The Wisconsin Legislature recently approved of law enforcement to issue saliva tests to detect drugged driving. Officers have been permitted to use breathalyzers to measure a driver’s blood alcohol concentration, but no legislation was introduced to allow tests that detect drugs until this March. Both prescription medications and illegal substances can cause impaired driving and can be tested for with the saliva tests.

The state of Wisconsin is notorious for impaired driving crashes. In 2023, one person was killed by a drug or alcohol impaired crash every 2.3 hours, according to the Wisconsin Department of Transportation. Nearly a quarter of the over 7,000 accidents were caused by drugged driving, according to The Cap Times.

The bill will allow officers to take saliva samples from a driver suspected of operating a motor vehicle while intoxicated, according to the Wisconsin State Legislature. The drug tests could not be used as evidence of a crime in court but could be cause to issue an arrest, at which point officers could issue further drug testing, according to The Cap Times. 

These safeguards should lessen concern regarding privacy and safety issues. The tests are primarily used as a screening bill rather than to determine guilt, preventing more targeted or discriminatory traffic stops and focusing on suspected impairment.

If signed into law, the legislation would put Wisconsin amongst 27 other states that allow similar roadside drug screenings, according to the National Conference of State Legislatures. Dane County Sheriff Kalvin Barrett expressed his support for the legislation, stating that the test could be conducted quickly and improve the safety of our roads, according to The Cap Times.

The issue is more pressing to the Legislature as Wisconsin’s neighbors Minnesota, Michigan and Illinois have legalized recreational marijuana. In the state of Wisconsin, no amount of controlled substance, like marijuana, is legal for driving, according to  The Cap Times. While marijuana is not legalized in Wisconsin, a less potent form of THC is legal for use and can result in a high and cause impaired driving.

Prior to legislation moving through the state’s government, the Dane County Sheriff’s office piloted the saliva tests in partnership with the Wisconsin State Laboratory of Hygiene. The lab runs all tests taken after an impaired driving arrest. All law enforcement officers who used the test during the pilot shared that they would continue to use them. With their positive feedback, the lab supported the use of tests as well, according to The Cap Times.

The pilot program showed the tests work accurately, fast, and keep drivers and pedestrians safe. The bill has shown bipartisan support and now awaits Governor Evers final decision.

While some critics may raise concern about privacy or wrongful suspicion, roadside drug testing is a step in the right direction to address Wisconsin’s ongoing impaired driving record. Madison has seen an increase in car crashes, including one that killed 17-year-old Sasha Rosen and a pedestrian hit outside of Toki Middle School and Orchard Ridge Elementary in the past two weeks, according to Channel 3000.

Some car crashes cannot be prevented, caused by weather conditions, human error and car malfunctions. Others, like speeding and impaired driving can be prevented, and should be. The pilot drug tests done in Dane County have shown positive results and should be implemented across the state.

Enforcement tools should be paired with the appropriate officer training. The state of Wisconsin uses a tiered approach for training including A.R.I.D.E. or Advanced Roadside Impaired Driving Enforcement that covers sobriety tests, common drugs of abuse, driving while impaired, details on how drugs affect the human body, observable effects of drug usage, medical conditions that mimic drug impairment and pre and post arrest procedures according to Wisconsin State Control.

When officers receive this kind of training, we promote consistent practices that reduce bias and rely on observable indicators rather than subjective judgment, producing more equitable policing practices.

Roadside drug testing, if approved and tracked to increase road safety longterm, could lead to implementation of other interventions that could benefit drivers and pedestrians alike even further. Ignition interlocks are devices installed in a vehicle to prevent it from starting if alcohol levels are detected on a driver’s breath, an example of new technologies ensuring road safety.

The devices have stopped more than 20 million attempts to drive drunk, according to the National Conference of State Legislatures. Just as ignition interlocks have stopped alcohol-related crashes, roadside drug testing could be the next step in addressing drug-impaired driving in the state of Wisconsin.

While roadside drug testing would improve the safety of our roads, it is one piece to a larger solution. Wisconsin should move toward a broader strategy to reduce impaired driving. Increased access to ride-share services like night public transportation or designated driver initiatives could help reduce the number of impaired drivers on the road in the first place.

Education campaigns would inform the public on risks of driving under the influence of drugs, specifically relating to marijuana as accessibility increases in neighboring states. By pairing enforcement tools with preventative efforts, Wisconsin can truly make a difference in protecting both drivers and pedestrians.