1. Yes or no: Does your state have a statute that allows for the collection of oral fluid/other bodily substances/saliva for roadside testing?

Yes

1a. If yes, what is the statute language and citation?

Ala. Admin. Code r. 370-1-1-.06

1b. Are there penalties for refusing a roadside oral fluid screening test, and if so, what are the penalties?

No

1c. If yes, does your state require oral fluid screening devices to be approved by any entity, either by statute or policy? If yes, please include the relevant statute or policy and the agency that must approve.

Yes, Ala. Admin. Code r 370-1-1-.06. The approved devices can be found here: https://www.adfs.alabama.gov/services/tox/toxicology-oral-testing-program

2. Are any law enforcement agencies currently using testing devices and requesting voluntary roadside samples of oral fluid?

Yes

2a. Has your state attempted to pass any oral fluid bills that have failed, or is there currently a bill under consideration? If so, please provide details.

No

3. Yes or no: Does your state have a statute that allows for evidential/confirmation testing of oral fluid/other bodily substances/saliva?

Yes

3a. If yes, what is the statute language and citation?

-Ala. Code §32-6-49.13
-Ala. Code § 32-5A-194 allows for the collection to be admissible.
-Ala. Code § 32-5-192 & covers the collection of oral fluid as part of our implied consent statute.

3b. Are there penalties for refusing an evidential oral fluid test, and if so, what are the penalties?

Yes; The only penalties would be if they refused the oral fluid test under implied consent conditions. Those penalties are administrative and only affect the driver’s driver license status.

4. Please provide a narrative describing the implementation status of any roadside oral fluid testing program in your state. Please also include one of the following categories to classify your program: Statewide roadside; Jurisdictional roadside; Not implemented.

Statewide roadside

4a. Please provide a narrative describing the status of any evidential testing program in your state. Please also include one of the following categories to classify your program: Statewide evidential; Jurisdictional evidential; Not implemented.

Statewide evidential

4b. If you have this information available, please provide details on the following:

● Approximately how many law enforcement agencies are utilizing roadside testing for impaired driving in your state?
Alabama DRE program and an estimated 10 other agencies.

● Approximately how many tests are being conducted annually?
Several hundred

● Is screening testing also being utilized with probation departments or via drug courts?
Unknown. Primarily in DUI investigation at the roadside to establish probable cause.

● Are there any parameters governing oral fluid collection, such as restrictions on who can collect samples, jurisdictional limitations, or other relevant considerations?
Yes - as outlined in Alabama State Code: Chapter 370-1-1 (Rules of ADFS, Chemical Test for Intoxication). Read Section 370-1-1-.06 Field Sobriety Drug Screening Devices for details on approved training, operation of devices, quality control tests and maintenance, and training/maintenance record requirements.

● Do you have anecdotal stories of success or challenges related to the program?
We are the first state to offer a comprehensive Oral Fluid Drug Testing program at the State Crime Laboratory level. It is
two-fold: (1) screening at the roadside and (2) evidentiary confirmation oral fluid drug testing at ADFS. Dr. Harper (see contact info below) is the first to testify in a DUI case in the United States where oral fluid was used as a laboratory, evidentiary specimen.

5. If you have this information available and your state has implemented a roadside oral fluid testing program, is it collecting data, yes or no? If yes, please describe the types of data being collected, such as oral fluid test results, comparisons to evidential results, drug use trends, other relevant data to aid in program evaluation and/or problem identification.

Yes

6. Who in your state can we contact for assistance with any questions you may be unsure about? Please provide their name, phone and/or email.

Dr. Curt Harper, Chief Toxicologist (ADFS),
[email protected],
205-982-9292 ext. 7901