Budget Amendment ID: FY2019-S4-1154

EPS 1154

Testing for Drugged Driving

Messrs. Keenan, Timilty and O'Connor moved that the proposed new text be amended by inserting after section __ the following section:-

"SECTION __. The Secretary of Public Safety shall promulgate emergency regulations to allow the Office of Alcohol Testing to establish  a pilot program for the use of mechanical devices to develop information and data to help determine whether an individual has been using drugs  or is under the influence of drugs while driving. If a police officer, upon probable cause,  has reason to believe that an individual might be a driving under the influence of drugs, then said officer may ask the individual to take a test on a device approved by the Office of Alcohol Testing for said pilot program. The courts may not use the failure to take a test as evidence that the person was under the influence of drugs but the court may admit such evidence as they deem allowable and in compliance with the standards, case law and statues."