Friday, November 2, 2018

Saliva Testing for Marijuana: New York Police and the Drager Drug Test 5000

The Draeger Drug Test 5000 Screening Device

Many states are now recognizing the benefits of legalized weed both recreationally and medically throughout the United States. Canada just went legal in October of 2018. The backlash against all this legalization is beefing up by the police of DWAI marijuana arrests. In the fight against DUI cannabis the police are now using the Drager Drug Test 5000.

Can this device screen drivers suspected of being impaired by drugs?
How accurate is this new saliva tester for drugs?
Is the Drager Drug Test admissible in a New York court of law?

Five Things You Need to Know About the Drager Drug Test 5000

1. It is a Screening Device for eight different drugs or categories of drugs.

The Drager DT (drug test) 5000 is being rolled out in Canada, Arizona, Nevada, and New York to screen for drugs. It just shows the presence of a controlled substance. It is merely a screening device, and is not definitive or evidentiary. A blood test or a DRE (drug recognition evaluation) is evidentiary in a court of law to prove you are under the influence of a drug.

The Drager can detect the following up to eight substances / substance classes:

  1. Amphetamines
  2. Benzodiazepines
  3. Delta-9-tetrahydrocannabinol (THC (cannabis)) ACTIVE THC
  4. Cocaine
  5. Methamphetamines
  6. Opiates
  7. Methadone
  8. Ketamine

 2. The Drager Drug Test 5000 has been shown to produce many false positives and false negatives. 

This is based upon a 2018 study conducted in Norway. Using just a swab of your mouth the oral sample is then placed in the machine for 1 to 4 minutes for analysis.

From the Oslo study: Evaluation of Dräger DrugTest 5000 in a Naturalistic Setting.
The proportions of false positive results with DDT5000 compared to findings in blood samples above the Norwegian legal per se limits were for cannabis 14.5%.
The DDT5000 did not absolutely correctly identify DUID (driving under the influence of a drug) offenders due to fairly large proportions of false-positive or false-negative results compared to drug concentrations in blood.

3. The Drager Drug Test 5000 is can only be used at specific operating temperatures of 4 (39 degrees Fahrenheit) to 40 degrees celsius. 

At the lower temperatures than 39 degrees the machine malfunctions. In the New York State and Canadian winters police cars dip below these temps regularly.

4. The Drager Drug Test 5000 does not measure impairment by cannabis. 

The device is built to detect the presence of active delta 9 THC. Presence of marijuana does equal impairment by cannabis.  The Drager also does not indicate the level of active substance in the blood. Only a blood test can quantify the amount of active THC circulating in your system.

5. The New York Police are using the Drager as part of their DWAI drugs investigation.

If the police suspect you are under the influence of marijuana while driving they have a number of options. Remember with a New York DWAI (driving while ability is impaired) by marijuana they have to prove:

1. you have ingested a drug;
2. you operated a car;
2. you are impaired to drive by that drug or substance.

They can sobriety test you at roadside for drugs and/or alcohol?
They can breathalyze you at roadside to rule out alcohol consumption?
They can request a sample of your blood, urine, or saliva?
They can take you back to the police barracks or station and request you perform a DRE (drug recognition evaluation)?

The value of the Drager is a fast non-invasive way to screen for drug use (active cannabis use). Blood takes time and energy to draw, most New York police are bringing you to the hospital.

Newman and Cyr is a boutique law firm focusing on Traffic, Criminal, and DWI and DWAI drug defense in Upstate New York. If you would like a free consultation concerning your charges either call, email, or fill out the form on our website.


No comments:

Post a Comment