A member of the state board charged with figuring out how to enforce the state’s drugged-driving laws is questioning whether a spit swab test now being reviewed by the state police would pass constitutional muster.

“Taking saliva samples raises serious questions about search and seizure, due process, privacy and consent,” said Matt Allen, field director for ACLU Massachusetts. “Especially given the private genetic information that’s included in saliva. It’s much more intrusive than just a Breathalyzer.”

Allen, a member of the Special Commission on Operating Under the Influence and Impaired Driving, said the ACLU has held that position not only for spit swabs but also for blood tests administered on drugged-driving suspects by police elsewhere, including Colorado.

“We’re against that because it’s not backed by evidence,” Allen said. “THC can stay in the blood days or weeks after use, there’s no way blood tests can be used to establish impairment.”

Commission members say they’ll be discussing the state police spit-swabbing program at their second meeting today, following a Herald report yesterday.

“I’m certain that’s going to come up,” said Peter Elikann, a criminal defense attorney and member of the commission, “We’re going to be talking about what’s been done so far and kind of reviewing everything that Massachusetts does now and how it can be greatly improved.”

The Massachusetts State Police swabbed about 170 people at roadside sobriety checks and a drug treatment center as part of a nationwide effort by police to deal with the lack of chemical tests for drug intoxication comparable to Breathalyzers, which are used to measure drunkenness. State police are finalizing a report of data from the swabs, which is expected to be complete sometime next month.

Legal experts say any chemical test is likely to face challenges in court.

“You can’t start essentially entering an oral cavity of somebody’s body against their will,” Elikann said. “It’s going to be challenged in courts. The Legislature is probably going to have to draft legislation that is very specific in addressing every one of these concerns.”

But AAA spokeswoman Mary Maguire said, “Massachusetts State Police are demonstrating significant foresight piloting this program because we are anticipating an increase in drugged driving. They’re taking steps in trying to deal with it. We know drugged driving is on the rise.”

An AAA study found the percentage of drivers involved in fatal crashes who had recently used marijuana more than doubled from 8 percent to 17 percent between 2013 and 2014 after recreational marijuana was legalized in Washington state.

The 13-member commission must report its recommendations to the Legislature by Jan. 1.