New 'Lei Seca' rules introduce initial screening stage

The National Traffic Council approved new rules for 'Lei Seca' enforcement, with the entry into force of a resolution that replaces the previous 2013 regulation. The change brings new criteria for street stops and regulates procedures related to both alcohol consumption and other psychoactive substances.

What changes in the initial screening

The main novelty introduced by the regulation is the inclusion of an initial screening stage during traffic stops. Officers may use a pre-test or passive breathalyzer test, which acts as a preliminary check to indicate the potential presence of alcohol.

The result of this pre-test is solely advisory. On its own, it cannot justify a citation or characterize driving under the influence of alcohol; rather, it serves to indicate whether enforcement should proceed with the other prescribed procedures.

How the retest works

A retest must be performed when any technical or operational factor compromises obtaining a valid result. This procedure also serves to rule out the possibility of residual alcohol, which refers to temporary traces present in the mouth or upper respiratory tract.

Situations involving products such as mouthwash, liquor-filled chocolates, and sliced bread can yield a positive indication on the passive test. In these cases, a new evaluation is mandatory before any conclusion is reached by the officers.

Psychoactive substances and equipment

The regulation also governs the identification of other psychoactive substances, which are those capable of acting on the central nervous system and impairing driving ability. The use of equipment for this purpose occurs in conjunction with checking for signs of altered psychomotor capacity.

The devices used must be certified under the Brazilian Conformity Assessment System, with certification issued by a body accredited by the National Institute of Metrology, Quality and Technology. Their use depends on the availability of the enforcement agencies.

Penalties and testing in accidents

The penalties and infractions provided for in the Brazilian Traffic Code remain the same. Checking for signs of altered psychomotor capacity and the use of the breathalyzer remain permitted, just as refusing the procedure remains subject to legal consequences.

Whenever possible, drivers involved in traffic accidents must undergo testing. In fatal cases, conducting tests to detect alcohol or other psychoactive substances becomes mandatory to assist in the management of public road safety policies.

With information from Migalhas.