Oral Fluid Drug Test for DUID cases: Frye and Daubert hearings

The future is Oral Fluid Drug Test. The writing is on the wall. Through increased federal funding and a re-prioritization of law enforcement, Driving Under the Influence of Drugs (DUID) is an emerging enforcement priority by police across America. The difficulty has been in how to train police at roadside to enforce DUID laws.

Ethanol-based enforcement is hard, but not overwhelmingly difficult. Officers out of the academy get varying levels of training in the Standardized Field Sobriety Testing (SFST) and Portable Breath Test (PBT) are generally available. For DUID-based enforcement, officers out of the academy get absolutely no training in drug-based impairment. There are but a handful of police officers that after years of being on the road receive Drug Recognition Expert (DRE) training. Until recently, there were no approved portable roadside testers. This recently changed with Dräger offering into the market it’s newest device, the Dräger DrugTest ® 5000. It is a portable drug testing device that officers can use at roadside. It is based upon collecting oral fluid (mixed saliva) from a motorist. As of the date of this post (8-30-2013), the Dräger DrugTest ® 5000 is the only federally approved device for drug testing at roadside.

Part of being a great DUID and DUI lawyer is staying on top of the technology and knowing the most about it. Attorneys Josh D. Lee and Justin J. McShane have acquired the only Dräger DrugTest ® 5000 device in defense attorney hands.

We have vetted this and other oral fluid drug test devices. We are prepared for when this particular oral fluid drug test device or other like oral fluid drug test devices are deployed out on the road. We have studied it and are prepared to challenge its admissibility in the Courts. If you are an attorney or a citizen among us that is accused based upon the results of this or other Oral Fluid Drug Test, please contact us. We’d like to help.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.