Bill > HB2439

This bill, known as the "Oral-Fluid DUI Testing and Evidence-Based Enforcement Safeguards Act," establishes new regulations for using oral-fluid testing in DUI investigations in Tennessee. It defines key terms like "accredited laboratory" (a lab with recognized quality standards), "approved device list" (a list of acceptable testing equipment), "articulable facts" (specific, observable reasons for suspicion, not just general feelings), and "confirmatory test" (a lab test to confirm screening results). The bill outlines strict requirements for law enforcement officers to administer oral-fluid tests, including using approved devices, being properly trained, and ensuring devices are calibrated and have passed quality control checks. Importantly, oral-fluid screening cannot be a default step and must be based on documented "articulable facts" related to driving behavior. If the state wants to use an oral-fluid screening result as evidence in court or to suspend a driver's license, a confirmatory test from an accredited laboratory is required, either from a second oral-fluid sample or a blood sample. If confirmatory testing isn't done, the screening result can only be an initial investigative lead and cannot, by itself, lead to arrest, detention, or license suspension. The bill also mandates that a portion of collected samples be preserved for independent retesting by the defendant and requires extensive documentation and disclosure of testing records, device maintenance, and officer training. Failure to comply with these provisions can make the screening results inadmissible as evidence or insufficient to support license consequences, and the Department of Safety is authorized to create rules and audit procedures to ensure compliance.

Justice

https://wapp.capitol.tn.gov/apps/Billinfo/Default?BillNumber=HB2439&ga=114