The National Traffic Council (Contran) approved this Monday (17) new rules for the inspection procedures of the Dry Law (Law nº 11,705/2008), which seeks to inhibit the consumption of alcoholic beverages by drivers throughout Brazil.
According to the Social Communication Secretariat (Secom) of the Presidency of the Republic, the counselors did not create any new type of infraction, limiting themselves to updating and regulating some inspection procedures in force since 2013.
With the new regulations, counselors established clear criteria for screening drivers, as well as for applying tests for the presence of alcohol and/or other psychoactive substances and for retests.
The resolution also defines new criteria for the use of inspection equipment and provides for the updating of the Brazilian Traffic Inspection Manual, to standardize the actions of traffic agents in cases where drivers refuse to submit to the alcohol test.
“For the driver who does not carry out the procedure, the regulations differentiate the frameworks; discipline how each situation must be recorded and determines that, in the same approach, infraction notices are not simultaneously drawn up for driving under the influence of alcohol or other psychoactive substances and for refusing the evidentiary examination intended to verify this condition”, anticipated Secom.
Also according to the secretariat, the new national rules are already applied in the national operations of the Federal Highway Police (PRF) and in several states, such as Espírito Santo, Mato Grosso do Sul, Rio Grande do Sul and Rio de Janeiro.
Screening and retesting
The resolution establishes a screening phase during traffic inspection operations, during which the responsible body may employ pre-testing or passive alcohol testing.
“The result of this first verification will be exclusively for guidance and, in isolation, cannot justify a fine or characterize driving under the influence of alcohol”, informed Secom, explaining that, in these cases, it will be necessary to continue the evidentiary assessments provided for in the standard.
The new rule determines in which situations the retest must be carried out. “The measure will be necessary when any technical or operational factor compromises the obtaining of a valid result, including to rule out possible detection of residual alcohol in the upper respiratory tract”, added Secom.
If the driver claims to have ingested a product that may have temporarily left alcohol residue in the mouth, such as liquor candies, mouthwash and sliced bread, a new assessment will have to be carried out “later”, before any conclusion can be reached.
In cases where they register an infraction notice, inspection agents must note at least two signs observed that confirm the change in the driver's psychomotor capacity.
The new resolution establishes that, to identify substances other than alcohol, transit agency employees will be able to use equipment technically certified by bodies certified by the National Institute of Metrology, Quality and Technology (Inmetro). The regulations establish procedures for the use of this equipment, without linking inspection to a specific technology or tool.
The resolution will come into force as soon as it is published in the Official Gazette of the Union ─ which, according to Secom, should happen soon ─, with the exception of changes that update the inspection forms and codes for classifying infractions, which come into effect 60 days after publication. During this period, the codes currently in force will continue to be in use.
To explain the main changes resulting from the resolution, Secom prepared a text with basic questions and answers about the measure. See below for the main clarifications.
What are psychoactive substances?
These are substances capable of altering the functioning of the central nervous system and compromising the ability to drive, such as illicit substances and other substances that cause dependence.
Does the equipment identify which substance was consumed?
Yes. The Resolution provides that the infraction notice must contain, among other information, the type of substance detected by the equipment.
Does the equipment inform the amount of the substance?
No. The result is qualitative, indicating the presence of the psychoactive substance, not its concentration.
Can the equipment be used immediately?
Use will depend on the availability of supervisory bodies and the existence of certified equipment in accordance with the requirements established by the Resolution.
Only equipment certified under the Brazilian Conformity Assessment System (SBAC), by a body regulated by the National Institute of Metrology, Quality and Technology (Inmetro), may be used.
Can a person refuse to take the test?
Refusal remains subject to the consequences set out in art. 165-A of the CTB, as regulated by the Resolution. And inspection agents will still be able to use signs of changes in psychomotor capacity, as checking the signs remains one of the means of inspection provided for in the Resolution.
Does the breathalyzer cease to exist?
No. The breathalyzer continues to be normally used to monitor alcohol consumption. The novelty is the inclusion of specific equipment for other psychoactive substances.
Can inspection be carried out even without the new equipment?
Yes. Checking signs of changes in psychomotor capacity continues to be one of the legally established means of monitoring, as is the breathalyzer in cases of alcohol consumption.
