News in the Dry Law: understand changes in inspection and when dromometer will be implemented

The update of the Dry Law guidelines in Brazil has been approved and brings important clarifications for drivers and traffic agencies. The publication of Resolution No. 1,031/2026 of the National Traffic Council (Contran) updated the procedures for monitoring the consumption of alcohol and other psychoactive substances, but some changes are still in the implementation phase.

Among the highlights of the regulation are the standardization of the use of the “dromometer”, the consolidation of the passive breathalyzer test as an exclusive screening tool, and the mandatory testing of fatal accidents. Although the new rule establishes the legal framework for the use of drug detection technologies in saliva, the Federal Highway Police (PRF) and traffic authorities warn that the measure will not result in immediate drug counts.

SEE ALSO:

• Drunk driver who causes death may have his driver’s license suspended for 10 years and a fine of R$ 14.6 thousand
• Dromometer in the Dry Law: see how the test works and what substances and medicines are detected
• What changes in the Dry Law: understand the new rules for alcohol and drug

tests Below, you can see the details of the changes in the inspection routine, the operation of the new equipment and the rules for drivers.

What is the dromometer and how does it work?

The so-called dromometer is a device designed to identify the presence of psychoactive substances in the driver’s body through the examination of oral fluid (saliva). According to the new legislation, the devices adopted must be certified under the Brazilian Conformity Assessment System (SBAC), granted by an organization accredited by the National Institute of Metrology, Quality and Technology (Inmetro).

Qualitative analysis and identified

substances Unlike the breathalyzer (traditional breathalyzer), which measures the amount of alcohol per liter of alveolar air, the dromometer performs a qualitative analysis. The device’s panel only indicates the presence or absence of the substance in the body, without informing its exact concentration.

The device’s panel is capable of detecting up to 12 classes and specific elements:

• Amphetamine
• Cocaine
• MDMA (ecstasy)
• 6-MAM (heroin)
• LSD
• Delta-9-THC (cannabis)
• Fentanyl
• Ketamine
• K2 (synthetic cannabinoids)
• Morphine
• Methamphetamine
• MDPV

Prescription drugs and therapeutic

use The regulation clarifies recurring doubts about the use of prescription drugs or products based on medical CBD. The legislation has not created new infractions and maintains the prohibition of driving under the influence of substances that determine dependence.

However, the simple detection of traces does not generate automatic punishment: it is mandatory that the agent register at least two visible signs of alteration of psychomotor capacity to prove the infraction. The ability to drive during treatments with drugs that cause drowsiness or reduction of reflexes continues to be evaluated based on medical prescriptions.

When will the dromometer be used on highways?

Despite the publication of the rule, there will be no immediate start of dromometer fines.

The PRF informs that it does not have this equipment integrated into its continuous operational fleet, having so far only carried out tests and feasibility studies. Resolution 1,031/2026 establishes the legal certainty necessary to structure the operational steps, which involve:

• Bidding processes and acquisition of certified equipment.
• Qualification and training of traffic agents.
• Adaptation of computerized systems and inspection forms (with a period of 60 days for the new frameworks to be effective).

In this way, the implementation will occur gradually as the traffic agencies and Detrans approve the procedures and acquire the devices.

What changes in the inspection with the breathalyzer?

For the measurement of alcohol levels, the inspection maintains the operational routine, consolidating practices that were already being adopted by the security forces.

Passive test serves only as screening

The passive breathalyzer (a device that captures the presence of alcohol without the need to blow into the mouthpiece) works strictly as a pre-test tool for rapid screening.

• No direct fine: The result of the pre-test is purely indicative and cannot justify, alone, the application of a fine.
• Confirmation required: If the screening is positive, the driver must be subjected to an active test (with a breath in the mouthpiece of the breathalyzer) or to the evaluation of signs of psychomotor alteration.

Retest and residual

alcohol The resolution regulates the application of the retest for cases in which there is suspicion of residual alcohol in the mouth, caused by the recent consumption of mouthwashes, liquor candies or loaf of bread. The repetition of the test ensures the elimination of operational interference and the obtaining of a valid result.

Mandatory tests in serious

accidents The rule makes it mandatory to carry out tests for alcohol or other psychoactive substances in drivers involved in traffic accidents with fatal victims, whenever there are operational conditions.

Rules and penalties applicable to refusal to test the breathalyzer and dromometer

Refusing to carry out the inspection procedures offered by the agent remains classified as a very serious infraction, under the terms of article 165-A of the Brazilian Traffic Code (CTB).

The driver who refuses to carry out the tests is subject to:

• Fine of R$ 2,934.70 (10 times the base amount of the very serious infraction).
• Suspension of the right to drive for 12 months.
• Administrative measures: collection of the CNH and retention of the vehicle until the presentation of a licensed driver.
• Recidivism: in case of a new refusal within a period of 12 months, the fine is doubled, totaling R$ 5,869.40.

Prohibition of double punishment and evaluation of signsThe new rule regulates specific points about the approach:

• Prohibition of double fines: the simultaneous application, in the same approach, of fines for refusal (art. 165-A) and for driving under the influence (art. 165) is prohibited.
• Choice of test: the driver does not have the right to choose which type of check will be carried out by the traffic agent.
• Verification by signs: if the driver refuses the test, but the agent identifies at least two clinical signs of psychomotor alteration (such as altered speech, red eyes, drowsiness or ethyl odor), the penalties for driving under the influence (art. 165) and the investigation of a possible traffic crime (art. 306 of the CTB) will be applied.