Breathalyzers that test for drugs will soon come to Missouri Police
The Missouri Highway Patrol are researching them, and the Lake St. Louis Board of Alderman
passed a resolution to purchase the “Sotoxa Mobile Text” from Intoximeters. This is the same
company that sells alcohol breathalyzers for many law enforcement agencies nationwide.
The breath test for drugs claims to tell police if a driver is under the influence of a range of drugs, including opioids, marijuana, and amphetamines within five minutes.
According to the Lake St. Louis Chief of Police Chris DiGiuseppi, it is one piece of the puzzle that law enforcement can use to make the case of driving under the influence of drugs.
So how does this new tool change the legal landscape of traffic stops of possibly
impaired drivers? It could complicate things. Many times, drivers are under the influence of alcohol and drugs. Right now, only breathalyzers for alcohol are approved by the Missouri Department of Health and Senior Services, which allows for them to be used as evidence against drunk drivers in court.
The Department of Health and Human Services has careful regulations of these
instruments to ensure reliability. But even after massive efforts to regulate breathlyzers
for alcohol, there is still both human and machine error. The biggest takeaway is that these new devices for drugs are completely unregulated by the State of Missouri.
It poses a unique legal issue because these new breathalyzers for drugs it will not be
used as evidence, but as a consideration for probable cause to get a blood test for drug
intoxication.
Just remember, you DO NOT have to submit to them, as they can only provide more evidence and “science” against you.
Also, since not regulated by the state, there are no negative consequences, no possible loss of license if you refuse a breath test for drugs.
There really is no benefit of taking it, as a worst case scenario, the test could come back with a false positive, or an unreliable number. Until there is more regulation and testing of these drug test breathalyzers, you should never submit to them.
See article https://www.kmov.com/2023/08/09/lake-st-louis-police-using-breathalyzer-
like-device-detect-drivers-high-drugs/# for more information about breathalyzers for
drugs coming to the St. Louis area.
Disclaimer: The choice of an attorney is important and should not be solely based upon advertisements. Each DWI case is different and you should consult with an attorney on specific legal issues.
The biggest takeaway is that these new devices for drugs are completely unregulated by the State of Missouri.
Brendan Block
Attorney at Law
Brendan practices law in St. Louis, Missouri and surrounding areas. He handles all criminal cases, but especially DWI, shoplifting, theft and possession cases. He is a former prosecutor who now defends his clients with the utmost care and attention.
Theres no way I could have afforded the charges or some big law firm. Brendan explained to me what he was doing to win and how he was taking care of it. And he kept me out of jail and saved me tons of money! So thankful for his help!!!"
