Roadside drug test tech faces legal hurdles

Seeing no drug tests at roadblocks, individuals may believe they can drive while impaired by drugs ... 

Many South African drivers have become wary of breathalysers at roadblocks, leading some to believe using intoxicating substances like cannabis – which evade standard alcohol testing – offers a way around detection. This assumption holds some truth, as most routine police roadside checks currently cannot identify drug use. This gap presents a significant challenge as substance consumption within the country continues, creating a largely unmonitored risk on the roads.

“The precise scale of drug-impaired driving in South Africa remains difficult to measure due to a lack of systematic testing. Unlike alcohol detection using breathalysers, there is no comparable, routine drug screening protocol at roadblocks,” says Rhys Evans, Managing Director at ALCO-Safe. “This absence of testing even affects post-accident investigations, where consistent procedures for comprehensive drug and alcohol analysis are not always followed, leaving reliable data scarce.”

Despite the absence of concrete figures, anecdotal reports suggest a concerning trend. Given the prevalence of substance use in the country and the decriminalisation of private cannabis use, it is reasonable to expect road safety issues mirroring those caused by alcohol-impaired driving. Observing the known frequency of driving after alcohol consumption, a similar pattern likely exists with drug use, including combining drugs and alcohol. The current lack of visible drug testing at roadblocks likely reinforces a perception among drivers that they can use drugs and operate vehicles without consequence.

“The core limitation of existing roadside checks lies in the technology,” he adds. “Standard police breathalysers are designed solely to measure breath alcohol concentration through a specific chemical reaction. Consequently, these devices cannot detect other intoxicating substances. Whether a driver has consumed cannabis, cocaine, amphetamines (such as speed or ecstasy), or opiates (like heroin or certain prescription medications), a standard breathalyser test will not register their presence. This means individuals significantly impaired by these drugs, posing a clear danger, may pass undetected through routine checks.”

This technological gap creates a potential loophole exploited by drug-using drivers. Seeing no drug tests at roadblocks, individuals may believe they can drive while impaired by drugs without penalty. This absence of deterrence endangers not only the impaired driver but also poses a considerable threat to other road users. Research, including studies in Europe, confirms that driving under the influence of drugs impairs driving ability, underlining the need for effective detection methods. While establishing precise legal limits for drug impairment is scientifically more complex than for alcohol, the increased danger posed by drug-impaired driving is undeniable.

Advanced mobile testing systems offer a potential solution for roadside drug detection. Modern, portable devices now enable police to conduct rapid and accurate checks for multiple drugs using a simple saliva sample. The procedure involves a driver providing a saliva swab, which is then inserted into an analyser. Within approximately five minutes, the device can reliably indicate the presence of substances like cannabis, cocaine, amphetamines, or opiates.

The speed and accuracy of this saliva-based technology make it suitable for roadside deployment. Unlike more invasive and time-consuming urine tests requiring specific facilities and causing enforcement delays, this method allows officers to conduct immediate drug screening with minimal disruption. Routine use of such devices at roadblocks could establish a stronger deterrent against drug-impaired driving and enhance road safety. The capacity to swiftly identify and apprehend drivers impaired by drugs would deliver a clear message that this behaviour carries consequences.

“However, implementing advanced roadside drug testing faces legal and practical obstacles. South Africa currently lacks officially approved devices for this purpose, coupled with insufficient specific legislation detailing testing procedures and establishing legally defensible thresholds for drug impairment. While the existing Road Traffic Act prohibits driving under the influence of drugs, it lacks the necessary framework for effective roadside testing and subsequent prosecution,” he says.

“For roadside drug testing to become operational, amendments to the Road Traffic Act are required. These changes must clearly define testing protocols, establish illegal concentration levels for various drugs in a driver's system, and ensure test results are admissible as evidence in court. Additionally, police officers will require comprehensive training on the correct use of these devices, along with unambiguous guidelines for saliva sample collection, handling, and result interpretation.”

South Africa can draw valuable lessons from other nations that have successfully integrated roadside drug testing programmes. By proactively addressing these legal and operational challenges, authorities can enhance their ability to tackle the dangers presented by drug-impaired drivers, contributing to safer roads.