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?

No

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

New York Vehicle and Traffic Law § 1194.1(b) specifies breath for field testing – it does not prohibit other types of field testing
If such field testing indicates that such operator has consumed alcohol, the police officer may request such operator submit to a chemical test in the manner set forth is subdivision two of this section.

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.

N/A

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.

Yes, the “Deadly Driving Bill” was introduced last legislative session. The state reintroduced the bill, S3008/A3008 (2025, failed).
The Governor included it in her State of the State Report (page 40) and Budget: https://www.governor.ny.gov/sites/default/files/2025-01/2025StateoftheStateBook.pdf

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?

VTL 1194.2(a)
2. Chemical tests.
(a) When authorized. Any person who operates a motor vehicle in this state shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the blood…

VTL 1194.4.c Rules and regulations. The department of health shall issue and file rules and regulations …
NYS DOH Rules & Regs: 10NYCRR 59.1 Definitions
(k) Saliva means oral fluid

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

Yes. However, refusal penalties are not specific to the sample type.
VTL 1194 (2) (b) (3) allows for the immediate temporary suspension of license pending a hearing determination [1194 (2) (c) provides the frame work for the hearings.

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.

Jurisdictional roadside. There is a statewide Oral Fluid Working Group that is providing guidance to agencies interested in roadside screening programs. However, there is no statewide program or oversight.

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. The NYSP Forensic Investigation Center offers evidential oral fluid testing for any law enforcement agency in the State. The NYSP launched their program in July 2024. Numerous local police agencies are in the process of establishing their own evidential programs.
There are 9 forensic toxicology labs in NYS, but currently only the NYSP FIC offers the testing.

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?
Currently aware of ~25 “agencies” purchasing roadside screening devices. Some of those are County “STOP DWI” programs, so we don’t know how many individual police agencies they are giving them to. We do not know how many are actually utilizing them. This is information the OF Working Group hopes to be able to gather this year.

Approximately how many tests are being conducted annually?
Most agencies are just getting started.

Is screening testing also being utilized with probation departments or via drug courts?
Probation – they have funding to run a pilot program in 2025
Drug courts – yes, but limited. As per the Statewide Drug Court Coordinator: “Because of the detection time limitations, and limited scope of substances, drug courts tend to use oral tests as an addition to urine toxicology to fill gaps, for example when same sex collection is not available. Oral tests are also used to determine if there is new use.”

Do you have anecdotal stories of success or challenges related to the program?
None on roadside screening yet.
Regarding evidential oral fluid, officers report a strong preference to collecting OF over blood, some evidence of increased subject cooperation (e.g. refuse blood draw but willing to provide an OF sample)

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.

Not yet. The Working Group is discussing this. Interested in also collecting if a DRE was called, and what the DRE call was.

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.

Contact state TSRP or SHSO for more information.