Roadside drug testing

No. In New Zealand, you cannot demand that Police hand over the roadside drug testing device so you can test it yourself.

The current process is:

• Police use the roadside screening device.
• If it is positive, they collect a separate saliva sample for laboratory confirmation.
• You can request a second “elective” saliva sample at the roadside for your own independent lab analysis, at your cost.
• The Police material says there is no driver option to substitute your own testing process or request a blood test during the roadside drug screening process.

What you can do instead:

• Ask the officer to record that you dispute the result.
• Request the second/elective saliva sample immediately at the roadside.
• Ask for the event number, officer details, device type, and any batch/device information they are willing to provide.
• If an infringement is issued, request disclosure/records: lab result, chain of custody, officer notes, device approval information, and testing procedure records.
• Challenge the infringement and/or seek legal advice if the process was not followed.

Do not try to take, handle, or interfere with the Police device. That could create a separate problem. The practical safeguard is not self-testing their device; it is the confirmatory lab test and your right to request an independent saliva sample.

Sources: NZ Police roadside drug testing guidance and Police agency briefing on oral fluid testing:
https://www.police.govt.nz/advice-services/drugs-and-alcohol/roadside-drug-driving-testing
https://chiropracticboard.org.nz/assets/ElementalFiles/Agency-Engagement_OFT-Nov25.pdf