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?
N/A
1b. Are there penalties for refusing a roadside oral fluid screening test, and if so, what are the penalties?
N/A
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?
There are a couple agencies utilizing oral fluid collection, but not for evidentiary purposes.
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?
UT Code § 41-6a-520
3b. Are there penalties for refusing an evidential oral fluid test, and if so, what are the penalties?
Yes, from UT Code § 41-6a-520: A peace officer requesting a test or tests shall warn a person that refusal to submit to the test or tests may result in criminal prosecution, revocation of the person's license to operate a motor vehicle, a five or 10 year prohibition of driving with any measurable or detectable amount of alcohol in the person's body depending on the person's prior driving history, and a three-year prohibition of driving without an ignition interlock device if the person:
(i) has been placed under arrest;
(ii) has then been requested by a peace officer to submit to any one or more of the chemical tests under Subsection (1); and
(iii) refuses to submit to any chemical test requested.
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
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.
Not implemented
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.
N/A
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.