Ohio Oral Fluid Testing (Saliva) Under Liv’s Law

The newest test in our guide to field sobriety and chemical testing.

Ohio’s OVI laws have changed. Ohio oral fluid testing is now an approved way for police to test drivers for drugs. Under House Bill 37, commonly known as Liv’s Law, law enforcement officers may request an oral fluid (saliva) sample as part of an OVI investigation after a lawful arrest. This gives officers another option in addition to blood, urine, and breath testing. If you have been arrested for driving under the influence of cannabis or another drug, it is important to understand what this new technology can, and cannot, tell investigators. Call (937) 318-1384 for a free consultation.

Learn about drugged driving cases.

What Is Oral Fluid Testing?

An oral fluid test is exactly what it sounds like. After an OVI arrest, an officer collects a sample of saliva using a sterile swab that is rubbed inside your mouth. The sample is then analyzed for the presence of certain drugs or their metabolites. Ohio added oral fluid as an approved evidentiary chemical test through Liv’s Law, making it another specimen that may be used in an OVI prosecution. Unlike a breath test for alcohol, an oral fluid test does not measure how intoxicated you are. It simply identifies whether certain drugs are present in your saliva.

Introduced by Liv’s Law.

What Can an Oral Fluid Test Detect?

Depending upon the laboratory methods used, oral fluid testing may detect substances such as THC (the active ingredient in marijuana), cocaine, methamphetamine, amphetamines, certain opioids, and other controlled substances. Because oral fluid generally reflects relatively recent drug exposure, many researchers believe it may provide information that is more closely related to recent use than urine testing. However, every drug behaves differently, and detection windows vary depending upon the substance, dosage, frequency of use, and the individual being tested.

What Oral Fluid Testing Cannot Tell Police

This is one of the most important things for drivers to understand: an oral fluid test does not tell police how impaired you were. It does not measure concentration in the same way a breath test measures alcohol. There is currently no universally accepted “oral fluid equivalent” of a .08 breath alcohol concentration.

Instead, oral fluid testing primarily detects the presence of drugs or drug metabolites. That distinction matters because the presence of a drug does not automatically establish that a person was impaired at the time they were driving. A person may have a detectable substance in their system while no longer experiencing impairing effects. For that reason, oral fluid evidence is only one piece of evidence in a drug OVI investigation. Officers will still rely upon their observations, driving behavior, field sobriety tests, witness statements, and other evidence when determining whether someone was operating a vehicle while impaired.

Can You Refuse an Oral Fluid Test?

After a lawful OVI arrest, Ohio’s implied consent law applies to oral fluid testing just as it does to breath, blood, and urine testing. Refusing an evidentiary oral fluid test may result in an Administrative License Suspension and other legal consequences under Ohio law. The decision whether to submit to chemical testing can have significant legal consequences, and every case is different.

Can an Oral Fluid Test Be Challenged?

Yes. Like every chemical test used in an OVI prosecution, oral fluid testing is subject to legal and scientific scrutiny. Depending upon the facts of the case, issues that may arise include whether the officer had legal grounds to stop your vehicle, whether there was probable cause for your arrest, whether the oral fluid sample was properly collected, whether statutory and administrative procedures were followed, whether the laboratory testing complied with required standards, whether the scientific evidence is reliable and admissible, and whether the State can prove impairment, not merely the presence of a substance. Every case should be evaluated on its own facts, and no single defense applies to every OVI prosecution.

Why Experience Matters in Drug OVI Cases

Drug-impaired driving investigations differ significantly from alcohol cases. Officers receive specialized training in recognizing signs of drug impairment, and understanding that training is often an important part of defending these cases. Charles M. Rowland II limits his practice to representing the accused impaired driver. In addition to focusing his practice on OVI defense, he has completed Advanced Roadside Impaired Driving Enforcement (A.R.I.D.E.) training, which provides insight into how law enforcement officers are taught to investigate suspected drug-impaired drivers, including cannabis-related OVI cases. He has also completed Drug Recognition Expert protocol training and has defended marijuana cases since 1995. Understanding how officers are trained allows him to carefully evaluate whether the investigation complied with accepted procedures, whether the officer’s conclusions are supported by the evidence, and whether the State can meet its burden of proof.

Why Trust Charles M. Rowland II

Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges.

He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense. He is a lecturer on OVI defense to police agencies, attorneys, judges, and students, and he taught OVI trial practice at the Greene County Peace Officer Training Academy for over fifteen years.

Charlie is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, and the American Bar Foundation.

Frequently Asked Questions about Ohio oral fluid testing

Free Consultation

If you have been charged with an OVI involving marijuana, prescription medication, or another drug in the Dayton area, call Charles M. Rowland II at (937) 318-1384 for a free consultation.