DUI State Law · Colorado

Colorado Roadside Saliva (Oral Fluid) DUI Testing Law

How Colorado treats oral fluid (saliva) testing in DUI enforcement — the statute, its current status, and what that means for agencies running roadside drug screening.

Status: Limited / Voluntary Only

Statute and status in Colorado

Statute / authority: CRS § 42-4-1301.1 (saliva for alcohol only)

Saliva mentioned for initial alcohol testing only. Drug testing limited to blood. Oral fluid for drugs at voluntary agency level only.

Reviewed Apr 2026. Always verify state law before deployment. This page summarizes OraTek's research and is not legal advice.

What this means for agencies in Colorado

Colorado currently limits chemical testing for drugs to blood, breath or urine, or permits saliva only in a narrow case. Roadside saliva screening can still support probable cause and officer decision-making where department policy allows, but it is not an evidentiary specimen under current law. Several states moved from this position to authorized in the past two years — watch the legislature.

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