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May 24, 2026. Suffolk County Police are piloting SoToxa oral fluid testing kits — roadside saliva swabs that detect recent use of marijuana, opioids, cocaine, methamphetamine, and opiates in approximately 10 minutes. The pilot program launches as Long Island enters the so-called “100 deadliest days” of summer driving, the period from Memorial Day through Labor Day when fatal crashes spike.
How the SoToxa Test Works
The SoToxa device is a handheld oral fluid analyzer manufactured by Abbott. A saliva swab is collected from the driver and inserted into the device, which screens for six drug classes:
- THC (marijuana)
- Opioids (fentanyl, oxycodone, heroin metabolites)
- Cocaine
- Methamphetamine
- Amphetamines
- Benzodiazepines
Results are available in approximately 5 to 10 minutes. The test detects recent use — meaning it identifies substances consumed within a window of hours, not days or weeks like a urine test.
Suffolk County Police Commissioner Kevin Catalina announced the pilot program on Wednesday at a press event at the Gershon metal recycling plant in Medford, where officials demonstrated the seizure of vehicles from impaired drivers by crushing a 2004 BMW.
The Legal Gray Zone: No Legal Limit for Marijuana
Unlike alcohol — where New York law sets a clear 0.08% BAC threshold for impaired driving — there is no legally defined THC impairment level in New York State.
This creates a significant legal and enforcement gap:
- The SoToxa test detects recent use, but does not measure the level of impairment
- A positive roadside swab is not sufficient for arrest on its own — police must also call a trained Drug Recognition Expert (DRE) to evaluate impairment based on observed behavior
- Refusing the test does not result in automatic license suspension, unlike refusing a breathalyzer (which triggers implied consent penalties under VTL §1194)
- Defense attorneys have challenged the admissibility of SoToxa results in court, arguing that the tests produce false positives and false negatives and that there is no established correlation between saliva THC levels and actual driving impairment
A defense attorney told Newsday that THC may not appear in saliva immediately after use but could appear hours later when the impairing effect has worn off, creating a window where sober drivers could test positive.
“If you look at all of the research studies that have been done, there’s no nexus, there’s no connection between the quantity of marijuana in the person’s system and what’s measured by a device, and the impairment of their ability to drive,” the attorney said.
Nassau County Status
Nassau County police said they are also testing the saliva kits, but they have not yet deployed them with officers on the road.
The “100 Deadliest Days” — What the Data Shows
The period from Memorial Day weekend through Labor Day is consistently the most dangerous stretch on Long Island roads. Contributing factors:
- Higher traffic volume from summer recreation, beach travel, and holiday weekends
- More impaired drivers due to cookouts, parties, and extended outdoor drinking
- More young and inexperienced drivers on the roads during summer break
- Extended daylight hours leading to later driving times and fatigue-related crashes
- Motorcycle and bicycle traffic increases significantly
Suffolk County officials used the press event to call on state legislators to pass the Deadly Driving Bill, which would expand the list of drugs that can be prosecuted under New York’s impaired driving laws.
What This Means for Drivers
If you are stopped and asked to take a saliva test:
- The test is voluntary — you can refuse without automatic license suspension
- Refusal does not carry the same implied consent penalties as refusing a breathalyzer
- However, refusal combined with observable signs of impairment (erratic driving, bloodshot eyes, odor of marijuana) can still lead to arrest based on a DRE evaluation
- A positive SoToxa result alone does not constitute probable cause for arrest — it must be combined with officer observations and DRE assessment
If you use marijuana legally in New York:
- Recreational marijuana is legal in New York, but driving under the influence of marijuana is not
- There is no “safe” amount of THC for driving — any impairment detected by a DRE can result in a DWAI (Driving While Ability Impaired by Drugs) charge under VTL §1192(4)
- DWAI-Drugs is a misdemeanor carrying up to 1 year in jail, fines of $500–$1,000, and a 6-month license revocation for a first offense
Sources: Newsday | Suffolk County Police Department | New York Vehicle and Traffic Law §1192, §1194