Officials could use saliva tests to check drivers for impairment

Officials could use saliva samples in required tests for alcohol or drugs. These provisions cover motor vehicle drivers, aircraft operators, hunters, and people operating or attempting to operate boats, snowmobiles, or ATVs in Maine. For these suspected-impairment tests, probable cause means facts supporting a reasonable belief that the person was operating or hunting under the influence. A drug recognition expert could select a saliva test when the expert has probable cause to suspect drug impairment.

Courts could consider saliva test results as evidence of alcohol or drug use. The evidence provisions cover cases involving drivers, aircraft operators, hunters, and operators of recreational vehicles. For motor vehicle cases, a trace amount of a drug or its breakdown products would not by itself establish impairment. Courts would consider that trace amount with other evidence, and testing would need to follow state reporting rules.

Courts could admit relevant, reliable saliva test results kept by medical facilities despite claims of medical confidentiality. This provision covers criminal or civil cases alleging impaired operation of a motor vehicle, snowmobile, ATV, or boat. The court would need facts supporting a reasonable belief that the operator committed the charged offense. The result would have to be relevant and reliable.