An Aussie driver has sparked debate after sharing a video of a roadside drug and alcohol test conducted by a police officer who was not wearing gloves.
The video posted to TikTok this week, which has over one million views, shows the officer instructing the driver on the proper way to do the test.
After taking a reading to detect alcohol using a bright yellow breathalyser the officer then handed the driver a plastic swab to test for drugs.
‘I require specimen of your saliva for a roadside saliva test. Wipe the pads along your tongue, back to the front three times, and hand the device back to me,’ he said.
The video showed the officer completing both tests – which the driver later said returned negative results – without wearing gloves.
Viewers questioned whether this would affect the integrity of the tests.
‘Cop not wearing gloves, the test will be inadmissible in court,’ one person wrote.
‘He wasn’t wearing gloves, you can dispute it if they are not wearing clean gloves,’ a second agreed.
An initial roadside test is not used for court purposes, according to the Queensland Law Handbook.
‘A roadside breath or saliva test is intended to be only an approximate test, and a positive reading provides the basis for a reasonable suspicion to be formed by police that the person has committed an offence,’ the handbook states.
‘This permits police to detain or transport the person for the purpose of a further breath and saliva analysis test or blood test, either at the scene or another location.’
The secondary test must be done by a different police officer or, in the case of a blood test, a medical professional.
‘Once the analysis is completed, the operator is required to fill out in duplicate a certificate stating the result of the analysis and various other particulars,’ it states.
‘One copy is given to the officer who made the request and the other to the driver.’
With a second positive drug test, a sample is also then sent to a lab for a third test.
The tests can detect methylamphetamine, MDMA, THC (cannabis), and cocaine.
Drivers who return a positive result can be charged with either of two offences; driving with a relevant drug present or the more serious driving under the influence of liquor or a drug, in which the driver was clearly impaired.
Both have penalties which include fines and drivers licence disqualifications, along with jail terms for serious or repeat offences.
It is unclear whether Queensland Police requires gloves to be worn by officers in either of the two roadside tests.
The standard operating procedures for NSW Police state that it is a requirement to avoid contamination, according to the guidelines.
‘Under no circumstances will oral fluid or equipment used to obtain oral fluid samples be handled by police without wearing protective latex or nitrile gloves,’ it states.
‘Police must change protective latex gloves during tests.’
It is also a requirement in WA.
Daily Mail has contacted Queensland Police for further clarification.