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Imagine for a moment that you are pulled over by a police officer. The officer suspects that you are intoxicated to the point that you are in violation of the legal limit in New York (0.08). He pulls out some piece of equipment and tests your blood alcohol level. You are arrested and charged with DUI.

Now, when you get to court and the prosecutors present their case against you, they say that the test the police officer performed on you confirmed your intoxicated state. There's just one tiny problem with their piece of evidence: it doesn't exist anymore. The test instructs users to throw away the results shortly after giving the test. The very piece of evidence that is responsible for your DUI arrest is gone, but the state is proceeding with its case anyway.

Does this sound fair to you? Do you think this should be a law that any state abides by?

While it won't be happening here in New York, the residents of Arkansas are going to have to be prepared for a similar law when they take to the streets. Arkansas police officers are now permitted to use a saliva test on a DUI suspect to confirm or deny his or her sobriety. However, the instructions on one of these tests (conveniently owned by the person who initially thought up the new law) say that the test should be destroyed 15 minutes later. Details were not given, but presumably the specimen no longer holds its validity after that time.

It sounds like the tests will be used as a way to establish probable cause; but there are some pretty clear criminal defense issues here.

Source: WREG, "Arkansas Law Now Allows Saliva Tests At DUI Stops," Natasha Chen, July 25, 2013