​Chair BeGole, Majority Vice Chair Harris, Minority Vice Chair Fitzgerald, and members of the committee, I appreciate the opportunity to provide testimony regarding HB4390 and HB4391, legislation that would allow Michigan law enforcement officers to collect and test oral fluid to detect drug use by drivers.

The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant events in the other modes of transportation—railroad, transit, highway, marine, pipeline, and commercial space. We determine the probable causes of the accidents and events we investigate and issue safety recommendations aimed at preventing future occurrences. In addition, we conduct transportation safety research studies and offer information and other assistance to family members and survivors for each accident or event we investigate. We also serve as the appellate authority for enforcement actions involving aviation and mariner certificates issued by the Federal Aviation Administration (FAA) and US Coast Guard, and we adjudicate appeals of civil penalty actions taken by the FAA.

Driving under the influence of alcohol and other drugs remains a leading cause of highway crashes. In 2023, 30 percent of traffic fatalities resulted from crashes involving alcohol-impaired drivers. Additionally, other drugs, including illicit, prescription, and over-the-counter drugs, can negatively affect driving performance and increase crash risk. Our 2022 safety research report, Alcohol, Other Drug, and Multiple Drug Use Among Drivers, found that alcohol was the most prevalent drug found among impaired drivers in toxicology data reviewed; however, we also found that about half of all impaired drivers tested positive for other potentially impairing drugs or multiple drugs.[1] This indicates that, although alcohol-related countermeasures must remain the highest priority, countermeasures that effectively address other drugs and drug combinations are also needed.

Drugs other than alcohol have also been named in the probable cause of several of our highway investigations, including the January 29, 2022, crash in North Las Vegas, Nevada, in which a driver approached a traffic signal-controlled intersection, reaching a maximum speed of 103 mph before running a red light, striking a van, and involving four other vehicles in subsequent collisions. Nine people were killed and numerous others were injured in the crash. The driver was deemed to be impaired by cocaine and phencyclidine. We also investigated a March 22, 2022, crash in Tishomingo, Oklahoma, where a 16-year-old driver, later testing positive for cannabis, failed to properly stop at an intersection and instead accelerated in front of a combination vehicle while attempting a left turn. The combination vehicle struck the car killing the teenage driver and five other teen passengers.​

​Strong laws and enforcement can help detect and remove impaired drivers from the road, but some laws are outdated and, in some cases, can create barriers to swift and effective enforcement, especially when impairment is caused by a substance that is not alcohol (or is used in addition to alcohol). Given the added complexities of detecting drug-impaired driving, it is important that state laws facilitate, and not restrict, law enforcement from using all available proven tools. Although some states still restrict alcohol and other drug testing to samples of blood, breath, or urine, our 2022 safety research report found that oral fluid is a valuable—but underused— biological specimen for detecting driver drug use, and it can support enforcement of impaired-driving laws.

Oral fluid collection allows for rapid and less invasive biological specimen collection, and oral fluid is less likely to be susceptible to alteration than urine. Because it can be collected at the roadside, oral fluid can provide early and objective evidence of drug use. Samples can also be collected sooner, which minimizes the opportunity for drugs to metabolize out of a driver’s system. Oral fluid testing does not require specialized phlebotomists or transfer to a medical facility either, which can save resources and time.

Oral fluid is increasingly recognized as a biological specimen that can provide valid information about a driver’s drug use. For example, in February 2022, the US Department of Transportation proposed that oral fluid testing be allowed as an alternative to urine testing for transportation employees in safety-sensitive positions who are subject to regulatory drug testing.[2]

Because of these benefits, the NTSB issued a recommendation to Michigan and 28 other states in our 2022 safety research report to modify impaired-driving laws to allow for oral fluid collection, screening, and testing to detect drug use by drivers.[3] The dangers and harm of drugged driving require law enforcement to have all available tools at their disposal to accurately and effectively identify impaired drivers and safely remove them from our roadways. We believe that ensuring oral fluid technology is available for detecting driver drug use will improve impaired-driving law enforcement and provide a better snapshot of drug use among drivers. We encourage you to support the implementation of this recommendation and pass HB4390 and HB4391. ​​​