Unfit to drive but good for an interrogation says VIC Police.
Updated: Jul 27
We can’t have people wasted, deemed unfit to drive by the Police, made to incriminate themselves in an interrogation or police interview. By the roadside standards set by the Police you should be 4 days sober for the evidence from a Police interview or Interrogation to be admissible in court.
When I was arrested, the Section Senior Sargent asked me if I had used any drugs or alcohol that day. Of course, I said “no”. Who on earth is going to say “yes” to the top cop asking you a question like that? “I’m completely ripped officer”, felt like the wrong thing to say in the situation. I’m being facetious, but the situation got me thinking. Zero percent of people, zero, would be honest with a Senior Sargent when asked, before a police interview, if they had used drugs or alcohol. Zero percent.
Victoria Police don’t believe us when we they pull us over for a roadside test. It’s never gone this way for me, “Hey mate, just checking, you’re not drunk, are you? No, alrighty then, have a great night”.
So we are on the same page, Victoria Police make you blow into a breathalyser to test the level of alcohol in your breath, then they pull out the scraper from their drug test kit, rub it on your tongue and cheeks to gather a sample of your saliva(spit) to complete the drug test.
Victoria Police, with mountains of test kits at their disposal, slam closed their top draw full of saliva drug test kits and decide they will trust the word of a suspected criminal as to their state of mind. This interview or interrogation tape is then accepted as evidence in court.
So, are we talking stupidity or manipulation?
Does reframing the situation start to shed light on existing police procedures? Are the boys in blue deliberately allowing drug and alcohol affected people to mess up their own police interviews and incriminate themselves?
Let’s give them the benefit of the doubt.
Cops aren’t the kids that got into university after high school, and an organisation full of low academic achievers doesn’t set it up to make clever decisions. However, these are the kids that were good at sports so they should mostly understand a scoring system.
Let's focus on everyone's favourite drug, Meth (Methamphetamine). Also known as Ice, Meth is reaching 7.5% of Australians who have had the opportunity to use it in the past 12 months. According to the Australian Drug Foundation Meth may be detected in saliva for around 2 days. Researchers are mixed about blood metabolism, but they generally agree Meth is in the blood for 3-4 days, then even longer in urine (up to 5 days).
People under the influence of Meth commonly have an issue developing saliva so Police are unable to conduct a full roadside drug test. Procedure is to try 3 times with a saliva-based drug test kit and if they can’t get enough saliva to satisfy the saliva drug test, Police escort the suspect to hospital for a blood test.
In Victoria, for a period of 3-4 days after using Meth, the Victorian Police deem someone unfit to drive a car given a positive blood test instantly costs you your licence. You could have used 4 days prior, but you are deemed unfit to drive a car by the Police.
The question Police ask at the station before a police interview or interrogation, isn’t “Have you used drugs or alcohol in the past week, mate?” Police are content that, whilst you are deemed unfit to drive a car, you are good to go to make statements that will affect your liberty. The question, “have you used drugs today, mate” is sufficient.
At minimum, Victoria Police should be utilising the saliva drug tests they have on hand ahead of a police interview or interrogation to at least know if a suspect has been using Meth in the hours prior to the interview.
According to the TAC, current saliva drug tests only work to detect drugs in saliva for several hours after use. We need people 4-days clean to meet the standards set by the police themselves. We must at least meet the requirements to drive a car to participate in a Police interview or interrogation. We can’t have people wasted, deemed unfit to drive by the Police, made to incriminate themselves. In Australia there is a law protecting us from self-incrimination.
For the courts to be satisfied a drug user was of sound state of mind for an interrogation or police interview, Police should demand suspects provide 4-days of clean saliva tests, 2 times each day. 8 in total - ahead of interviewing or interrogating them. Give suspects the opportunity to produce clean tests themselves, if they can’t, lock them up or better yet, monitor them in the community, so that they can. Suspects deserve 1 weeks’ notices ahead of an interview or interrogation. 4 days for the drugs to get out of their system, and 1 day buffer. Simple.
We are currently failing a portion of society. We are denying them justice. Everyone has the right to be sober in a Police interview or interrogation. Why is there an absence of policing when it comes to sobriety and self-incrimination, it is unjust.
Let’s ensure suspects are dry and clean by the standards the Police set for driving, let's ensure people are of sound state of mind before they are forced to undergo Police interviews and interrogations and given an opportunity to incriminate themselves. It’s in everyone’s best interest to ensure a fair justice system. That means drunk or high suspects participating in police interviews or interrogations and the evidence being used against them in court should simply be off limits.
Glenn Hall is a former advertising executive turned freelance communications consultant. Glenn has a fresh perspective on topical issues and a unique way of viewing the world. With diverse interests, no topic is out of reach and Glenn will be sure to challenge your thinking.
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