Starting on January 1, 2026, Washington police will start using an oral fluid test on suspected drugged DUI and Physical Control drivers. These new police oral fluid roadside screening devices will test the saliva of suspected drugged drivers for the presence of specific drugs. A positive result indicates relatively recent drug use and drug presence above a certain cut off level. But not a quantifiable drug level. Prior to administrating these saliva drug tests, police must first advise suspected drivers that the test is only voluntary and does not constitute compliance with the RCW 46.20.308 Implied Consent requirement. And that the test results may not be used against a person in a court of law. And lastly, that taking this test is not an alternative to the later police evidentiary breath or blood tests at the police station or jail. In 2024, the Washington State Legislature enacted RCW 46.61.5062 that allows police to utilize oral fluid roadside information as part of WA DUI & Physical Control enforcement.

Contact Lynnwood DUI lawyer Paul Hanson for more information.