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HB 2439

Safety, Dept. of - As introduced, enacts the “Oral-Fluid DUI Testing and Evidence-Based Enforcement Safeguards Act." - Amends TCA Title 55, Chapter 10, Part 4.

114th Regular Session (2025-2026) Introduced by Sam McKenzie

Tennessee bill authorizes oral-fluid saliva testing for DUI enforcement alongside existing breath/blood methods to streamline roadside impairment screening.

Action Def. in s/c Criminal Justice Subcommittee to 3/25/2026
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Bill Summary · HB 2439

Legislative bill overview

HB 2439 establishes the "Oral-Fluid DUI Testing and Evidence-Based Enforcement Safeguards Act," which amends Tennessee's DUI statutes to authorize oral-fluid (saliva) testing as an alternative method for detecting impaired driving. The bill modifies Title 55, Chapter 10, Part 4 of the Tennessee Code Annotated to incorporate this testing methodology alongside existing breath and blood testing protocols.

Why is this important

Oral-fluid testing could provide law enforcement with a faster, non-invasive preliminary screening tool at roadside stops, potentially reducing arrest processing times and associated costs. However, this represents a significant change to Tennessee's established DUI enforcement procedures and requires careful consideration of scientific reliability, evidentiary standards, and due process protections for defendants.

Potential points of contention

  • Scientific reliability concerns: Oral-fluid testing for alcohol and drugs is less established than breath/blood testing in court; questions exist about accuracy rates, cross-contamination, and admissibility standards
  • Implementation and training costs: Law enforcement would require new equipment, training protocols, and quality assurance procedures to administer tests consistently and properly
  • Defendant rights and legal standards: Unclear how oral-fluid results would be weighted as evidence, potential admissibility challenges, and whether proper safeguards exist to prevent misuse or false positives
  • Privacy and civil liberties: Expanding testing methods raises questions about consent procedures and what biological samples can be collected during traffic stops

Compiled from official sources — confirm details with the bill’s official record.

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