Brazil's National Traffic Council Updates Alcohol and Drug Detection Tests for Drivers
The Brazilian National Traffic Council (Contran) has updated its guidelines for detecting alcohol and other substances in drivers, introducing a new phase of triage and mandatory retesting before any penalties can be applied.
A new resolution by the Brazilian National Traffic Council (Contran) aims to improve the detection of alcohol and other substances in drivers under the country's "Lei Seca" (Dry Law) regulations.
The updated guidelines introduce a new phase of triage in the traffic enforcement process, allowing for the application of a preliminary test to identify potential signs of alcohol or substance use.
## Mandatory Retesting to Prevent False Positives
The main innovation in the Lei Seca regulations is the mandatory retesting requirement before any penalties can be applied. If the initial triage test indicates a positive result, the driver will be required to undergo a second, confirmatory test using an etilômetro (breathalyzer) or drogômetro (substance detector).
This measure aims to eliminate false positives caused by the temporary presence of alcohol in the respiratory tract, such as from consuming common items like mouthwash, bread, or licor candies.
In the case of detecting other substances using the drogômetro, the mere detection of the substance will not immediately constitute an infraction. The test result must be combined with the formal observation of at least two clear signs of impaired driving ability.
## Rules for Accidents
To ensure the validity of the tests, the new equipment used for detection must be certified by the National Institute of Metrology, Quality, and Technology (Inmetro). Additionally, the resolution requires that drivers involved in traffic accidents be tested whenever possible, making the testing mandatory in cases resulting in death.
Despite the updates to the procedures, the Contran emphasizes that the legislation does not create new infractions or alter the existing penalties in the Brazilian Traffic Code.
The text also prohibits double penalties for drivers who refuse to take the test, preventing them from receiving a fine for both driving under the influence and refusing to take the test.
The new regulations take effect immediately after official publication, with a 60-day adaptation period for updating the testing procedures and codes.
| **Test Type** | **Certification** | **Description** | | --- | --- | --- | | Etilômetro | Inmetro | Breathalyzer for detecting alcohol | | Drogômetro | Inmetro | Substance detector for detecting other substances | | Second Test | Inmetro | Confirmatory test for both alcohol and substance detection |
