Senate Bill 2662, also known as the "Oral-Fluid DUI Testing and Evidence-Based Enforcement Safeguards Act," amends Tennessee law regarding the administration of oral-fluid testing by law enforcement officers. The bill establishes definitions for key terms such as "accredited laboratory," "approved device list," and "articulable facts," and outlines the conditions under which an officer may administer an oral-fluid screening test. These conditions include the requirement that the screening device and collection kit be on an approved list, that the officer is trained and certified in using the device, and that the device has passed necessary calibration and verification checks. Additionally, the bill mandates that oral-fluid screening must be based on specific observable driving behavior rather than being a default investigative step.

The bill also sets forth requirements for documentation and record retention related to oral-fluid tests, including the creation of an oral-fluid test record and the retention of records for a minimum of three years. It stipulates that if the state intends to use an oral-fluid screening result as substantive evidence in a criminal proceeding, a confirmatory test must be obtained from an accredited laboratory. The bill further provides for the preservation of samples for independent retesting and outlines the state's disclosure obligations in criminal proceedings. Noncompliance with the outlined procedures can render the oral-fluid screening results inadmissible as evidence. The act is set to take effect in stages, with certain provisions beginning on July 1, 2026, and others on January 1, 2027.