Brazil Updates Traffic Law to Include Drug Testing for Drivers

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Brazil Updates Traffic Law to Include Drug Testing for Drivers

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Brazil’s National Traffic Council (Contran) recently updated its “Lei Seca” (Dry Law) regulations, aiming to enhance road safety by improving the detection of alcohol and other psychoactive substances in drivers. The new resolution, approved on August 18, 2026, introduces a preliminary screening phase for drivers and allows for the use of “drogômetros,” or drug testing devices.

Under the updated guidelines, a preliminary test can be applied to identify potential signs of alcohol or substance use. If this initial screening is positive, drivers will then be subjected to further testing, such as a traditional breathalyzer for alcohol. The “drogômetro,” which tests for psychoactive substances through saliva, is also being implemented. Any new equipment used for these detection methods must be certified by the National Institute of Metrology, Quality, and Technology (Inmetro) to ensure test validity.

While the new regulations, effective immediately after official publication, introduce updated procedures, Contran emphasizes that they do not create new infractions or alter existing penalties in the Brazilian Traffic Code. There is also a 60-day adaptation period for updating testing procedures and codes. Additionally, the new rules prohibit double penalties for drivers who refuse to take a test, meaning they cannot be fined for both driving under the influence and refusing the test.

It is important to note that separate legislation, effective December 9, 2025, made toxicology exams on hair, body hair, or nails mandatory for obtaining or renewing driver’s licenses in categories A and B, which include motorcycles and passenger cars. This test identifies drug groups such as marijuana, cocaine, amphetamines, and opiates. Previously, this requirement only applied to professional drivers in categories C, D, and E.

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