A drugged driver killed my parents. Oral fluid roadside testing will save lives and save more families from that pain.
By Brian Swift
Brian Swift
In 2013, a logging truck barreled through a red light and slammed into my parents’ car, killing my father instantly. My sister and I waited in anguish as my mother struggled to stay alive; she died three days later. This kind of selfish act is the worst kind of violence because somebody else chooses your fate for you. If losing my parents wasn’t enough, most victims like me battle with the prosecutor’s office just to get a trial. In our case, the driver would eventually be convicted and sentenced to a mere five years for his crimes. The suffering inflicted on my family can never be undone – cutting short my parents’ lives and others like them has to STOP!
Thomas and Barbara Swift
The driver that killed my parents had THC, the primary psychoactive ingredient in marijuana, in his system. Tragically, the number of people hitting the road high on drugs — from marijuana and cocaine to heroin and prescription medicine — is increasing. We have the technology to reduce impaired driving and give law enforcement the tools they need to get these people off our roads.
Following the death of my parents, my sister Patti and I advocated for change in Michigan and the legislators listened. More importantly, they acted. Public Act 242 and 243 of 2016, otherwise known as the Barbara J. and Thomas J. Swift Law, initiated an oral fluid drug testing pilot in five Michigan counties in November of 2018. In February of 2019, officials released the results of the five-county pilot to the legislature as required by the law. They were remarkable. Eighty-eight of the 92 results collected at the roadside were later confirmed by an independent laboratory or blood test. Based on the success of the initial program, it was expanded into a statewide effort in October 2019.
Under the pilot program, a DRE may require a person to submit to a preliminary oral fluid analysis to detect the presence of a controlled substance in the driver’s body if the DRE suspects the driver is impaired by drugs. Refusal to submit to a preliminary oral fluid analysis upon a lawful demand of a police officer is a civil infraction. The device that MSP chose for the pilot is the SoToxa Mobile Test System made by Abbott. This handheld device can test for six classes of drugs in oral fluid including THC (cannabis), cocaine, methamphetamine, amphetamine, opiates, and benzodiazepines. SoToxa was chosen for Michigan’s pilot program because it is portable (necessary for roadside use), accurate, easy to use, and produces rapid test results.
Not surprisingly, cannabis was found to be the most prevalent drug found by the roadside testing program which aligns with national fatality data and roadside surveys. While oral fluid testing has been piloted numerous times in multiple states, the enactment of this law was groundbreaking because it was the first time that a state legislature mandated and funded a pilot. It is now considered a model that other states should replicate. The oral fluid swab does not substitute the 12-step drug evaluation that DREs are trained to perform on suspected drugged drivers. Oral fluid screening is a tool that can enhance current practice, not replace it.
More than 50 law enforcement agencies and over 100 DREs from around Michigan are actively participating in the pilot which is set to conclude this fall. The results of the second pilot will be reported by the end of 2020.
Our next step is to work with a coalition of committed stakeholders to make Michigan’s law and oral fluid program permanent in all 83 counties and expand the use of this technology to all law enforcement agencies. It is my hope that every state in the country will recognize the tremendous life-saving potential of roadside oral fluid testing. I am committed to educating and working with policymakers to make this a reality.
Many special interest groups will use fear tactics to condemn these devices just as they did with the breathalyzer. Rest assured, law enforcement is our front line and protects us from drivers who have no regard for anybody but themselves and create carnage on our roads. With your help, we can reduce the number of injuries and fatalities caused by these irresponsible drivers.
Editor’s note – Brian’s Mission Moment is a reprint of his Mission Moment from the April 2020 MADD Law Enforcement Support Newsletter. You can also hear and see more of Brian’s story and tribute to his parents by viewing this YouTube link – https://youtu.be/deeCzpbPsdU
Vice President, Government Relations and Traffic Safety
Responsibility.org
Darrin Grondel
On March 20, 2013, Thomas and Barbara Swift were tragically killed in upper Michigan State by a log truck driver who ran a red light striking their vehicle in the intersection, killing Thomas upon impact with Barbara succumbing to her injuries three days later. The causing driver was operating on a suspended license, no CDL, reportedly driving recklessly prior to the collision, and was under the influence of cannabis. Their son, Brian Swift, embarked on a journey of change to address impaired driving laws in his home state. Having worked in politics for many years, he formed a small coalition of key stakeholders who helped pass Michigan Public Act 242 and 243 in 2016, affectionately known as the Thomas and Barbara Swift Act. These two acts authorized a pilot study for law enforcement officers to use roadside oral fluid screening in five counties and a year later authorized use for all Michigan counties. The coalition was successful, and members wanted to expand their reach and capacity, hence the idea for the National Alliance to Stop Impaired Driving was born. Brian currently serves as the NASID spokesperson. Read more about Brian’s Story – National Alliance to Stop Impaired Driving (nasid.org)
The National Alliance to Stop Impaired Driving (NASID) is a broad coalition established and led by Responsibility.org to eliminate all forms of impaired driving, especially multiple substance impaired driving, through effective and proven measures such as DUI system reform, DUI detection, enhanced toxicology testing, and improved use of data and technology. Our members include a broad array of organizations dedicated to preventing impaired driving. Ron Replogle – MADD National Law Enforcement Initiatives Manager, currently serves on the NASID Board.
NASID provides national leadership in identifying and promoting solutions to impaired driving, including expanded chemical testing among impaired drivers, training for criminal justice practitioners, toxicology lab capacity, improvement and programs to increase the likelihood of recovery, and reductions in recidivism. Our work includes state and federal advocacy efforts, public awareness and education, and state implementation of effective programs. Multiple substance items in the most recent transportation authorization bill were advocated by NASID and its many partners.
Data Drives the Narrative
In traffic safety, data drives the narrative. Tragically fatal crashes in the US climbed to 42,915 in 2021, a 10.5% increase from 2020 and is the highest number of traffic fatalities in 16 years. Historically, police-reported, alcohol-involved crashes account for 33% of the total. In 2021, this causal factor rose 16% from 2019 to 2020 and increased another 5% from 2020 to 2021, according to the National Highway Traffic Safety Administration. Alcohol impaired driving will always be a priority for NASID and Responsibility.org, however, the increases in drugged driving require focus and prioritization at all levels. A few data points to consider in realizing the magnitude of this issue:
“According to the provisional numbers, there were an estimated 107,622 drug overdose deaths in the United States during 2021, an increase of nearly 15 percent from the 93,655 deaths estimated in 2020” CDC: Overdose Deaths Up 15 Percent in 2021 – Drugs.com MedNews.
5% of fatally injured drug-positive drivers (with known drug test results) were positive for two or more drugs and 40.7% were found to have alcohol in their system (NHTSA FARS as cited in Hedlund, 2018)
In an analysis of 2017 DUI case data, the Colorado Department of Public Safety reported a significant number of multi-substance cases but cautioned that the figures are likely an underrepresentation of the magnitude of the problem due to limited drug testing in cases where alcohol is present. In 2017, 13.6% (2,362) of cases with toxicology results had more than one drug present. In multi-substance cases, 40.6% (958) involved a combination of alcohol and cannabis and 18.9% (447) involved cannabis and an additional drug. A further 10.6% (251) of multi-substance cases involved a combination of alcohol, cannabis, and at least one other drug (Bui & Reed, 2019).
NASID Priorities and Strategic Planning
NASID was officially organized in July of 2021 and during their first conference members and attendees identified the following priorities and recommendations:
Prioritization of multiple substance impaired driving
Data challenges and gaps
Roadside testing with field sobriety tests and other emerging technologies
Expanding toxicology testing and lab capacity
Educating policy makers and other key stakeholders on the issues of multiple substance impaired driving
Focus and support for impaired driving enforcement
As a result, NASID established a National Strategic Framework focusing on the following nine areas: Data Improvement, Training, Law Enforcement, Toxicology, Legislation/Policy, Education, Funding, Oral Fluid, Behavior Framework – National Alliance to Stop Impaired Driving (nasid.org).
Governors Highway Safety Association and Responsibility.org State Grants 2022
Connecticut – Green Lab/Alcohol Wet Lab combination
Illinois – adding validations for expanding drug testing
Louisiana – two grants awarded (1) purchase of toxicology equipment to conduct expanded drug testing, especially multiple substances, (2) creation of a toxicology subject matter expert program to provide testimony and consultation for prosecutors.
Maryland – conduct 8 green labs across the state for training for criminal justice professionals, safety managers, and others for impairment detection.
Nevada – Computerized Assessment and Referral System (CARS) statewide training for judges to use for screening and assessment of DUI defendants.
*Keep your eyes out for grant announcements at the start of the new year for the 2023 grant application process.
Oral Fluid Roadside Screening Work Shops or Summits
Oral Fluid screening devices are reliable, fast, non-invasive, and able to detect recent (within 4 hours) of drug use. These devices can be used at the roadside to identify the presence of drugs among impaired drivers Oral-Fluid-Screening.pdf (responsibility.org). NASID has resources available to host an oral fluid roadside screening workshop or summit in your state or jurisdiction to help show the benefits of this new and emerging technology to help identify potential drugged drivers.
NASID Conference
NASID will host our second national summit focused on multiple substance impaired driving prevention July 27-29, 2022, at the Hilton Washington, DC National Mall NASID Conference 2022 – National Alliance to Stop Impaired Driving. The summit will convene the nation’s foremost experts to examine the challenges and complexities of multiple substance impaired driving. Topics will include the National Road Safety Strategy safe systems approach, advanced technology to prevent impaired driving, public awareness campaigns, standardization of chemical testing protocols, and a policymaker roundtable.
NASID Membership
Get involved with NASID and join with us in this important work of promoting change to save lives! Those interested in joining the Alliance must join Responsibility.org’s Corporate Partner Program as a Corporate Patron or Responsibility Champion and select NASID as their primary initiative. The Alliance is available to join as a corporate entity, non-profit, or individual. To request more information, learn about the Alliance, or connect with the NASID team, please fill out the contact form below. For more information, please view partnership information here. If you would like to speak with a member of our team directly, please contact Manager of Member Relations, Joey Ford, at Joey.Ford@responsibility.org or NASDI Director Darrin.grondel@Responsibility.org.
Editor’s note – Please see the July Mission Moment by Brian Swift for more information on the tragic loss of his parents to an impaired driver.
MADD proudly recognizes Officer Nickolus Van Buren of the El Paso Police Department as our Officer of the Month for July 2022. Officer Van Buren recently was re-assigned to the El Paso Police Department’s DWI Task Force after working nearly a year on the Special Traffic Investigations Unit.
In 2019, Officer Van Buren arrested 149 impaired drivers in the first 11 months of the year. This was the greatest number of DWI arrests for the department. In 2020, while navigating through the pandemic, Officer Van Buren arrested 119 impaired drivers. This was second highest number of DWI arrests for the department for the year.
Officer Van Buren conducts himself with honor, integrity, professionalism and is a huge asset for the DWI Task force. Officer Van Buren has saved countless lives and has kept many tragic stories from happening. Officer Van Buren received the 2019 MADD West Texas award for most arrests by a city officer.
MADD National is proud to recognize Officer Nickolus Van Buren as the July 2022 Officer of the Month. We thank him for his many years of dedicated service to the citizens of El Paso, the State of Texas. We wish him the best in safety and wellness in the remaining years of his career and service to the citizens of the El Paso.
Thank you to MADD’s Vanessa Luna-Marquez for her nomination of Officer Van Buren for this recognition.
Deputy Sheriff Andrew Peery was shot and killed while responding to a shots-fired call at 5:30 pm at Ponderosa Drive and Grand Boulevard in Widefield. A Fountain Police Department officer, Deputy... Read more »
K9 Max was shot and killed while attempting an apprehension of a domestic violence and shooting suspect near West Seminole Avenue. Officers were called to the area by the victim of... Read more »
Special Police Officer Maurica Manyan was accidentally shot and killed during baton training inside a training room in the Anacostia Neighborhood Library at 1800 Good Hope Road SE. Several officers were... Read more »
Sergeant Jèan-Harold Astree was killed in a four-car crash on Capps Ferry Road near Brookcrest Court in Douglasville. He was driving an unmarked Police Dodge Charger northbound when it collided... Read more »
Sergeant Matthew Fishman was shot and killed while serving involuntary commitment papers on the 2500 block of Arrington Bridge Road in Dudley. The subject fired at Sergeant Fishman and two other... Read more »
Police Officer Noah Shahnavaz was shot and killed while making a traffic stop near the intersection of Madison Avenue and Route 37 at about 2:00 am. The driver of the vehicle... Read more »
Deputy Sheriff Jamie Reynolds was killed when a large pine tree fell onto his patrol car as he drove along Georgia Highway 16 near Shoal Creek Road. The tree crushed the... Read more »
Mounted Deputy Nichole Shuff succumbed to injuries sustained four days earlier when the horse she was riding fell as responded to a medical call at the Clare County Fair. She was... Read more »
Deputy Sheriff Lorenzo Bustos was struck and killed by a drunk driver at about 12:50 while making a traffic stop in the 14000 block of State Highway 155. He and his... Read more »
Patrolman Vinnie Parks passed away after collapsing while participating in physical exercises at the Central Arkansas Law Enforcement Training Academy's facility at Camp Robinson. He started showing signs of distress and... Read more »
NHTSA Early Estimates show an 18.4% increase in Traffic fatalities for the first half of 2021. With an estimated 20,160 people killed, this is the largest increase in the first half of a year since 2006. See the link to the report.
MADD’s 2021 Court Monitoring Report was recently released and can be found at this link. Of interest, nationally, the conviction rate is only 63% in the 17 states where MADD currently has court monitors. The report also lists state by state reports and all can be found here. .https://www.madd.org/the-solution/drunk-driving/court-monitoring/
MADD/Ipsos Poll: Consumers Support Drunk Driving Prevention Systems in Cars
Drug Impaired Driving Enforcement Training Opportunities Available
Impaired driving is one of the most serious problems on the roads today. As more states legalize recreational and medical marijuana, more law enforcement personnel must be trained in Advanced Roadside Impaired Driving Enforcement (ARIDE) and as Drug Recognition Experts (DRE). Training has proven to be an effective tool in the fight against impaired driving. Increasing the availability of ARIDE and DRE training to officers, prosecutors, and the judiciary is an important next step. Contracts will be awarded to eligible U.S. law enforcement agencies and organizations to deliver regional training. Read more.
NHTSA Traffic Safety Facts: Overview of Motor Vehicle Crashes in 2019
2021 National Lifesavers Conference Registration is Open – Registration is now open for the 2021 National Lifesavers Conference on Highway Safety Priorities, which will be held virtually. Register here >
DRE State Coordinator Best Practices Guide to Managing an Effective DEC Program – contains guidelines and recommendations for state DRE coordinators to enhance their DEC Program.
On November 12, NHTSA published a Request for Information (RFI) on available or late-stage technology under development for impaired driving detection and mitigation. The RFI’s goal is to better understand the state of emerging technologies, particularly those targeting alcohol-impaired driving. The notice requests information about the capabilities, limitations, and maturity of impaired driving technologies that are being researched, developed, or marketed.
