Brazil regulates saliva-based drug testing for traffic enforcement

Brazil has implemented new regulations through a Contran resolution allowing traffic agents to use saliva-based devices, known as “drogômetros,” to detect psychoactive substances during roadside inspections. The equipment, certified by Inmetro, provides a qualitative result indicating the presence or absence of substances such as cocaine, amphetamines, MDMA, fentanyl, and methamphetamine, but does not measure the concentration or quantity in the body.

While the device can detect Delta-9-THC, it does not detect CBD. The regulation does not create a new infraction, as the Brazilian Traffic Code already penalizes driving under the influence of psychoactive substances. Refusal to take the test remains a serious infraction, carrying a fine of R$ 2,934.70 and a 12-month driver's license suspension.

Critics note that unlike breathalyzers, these tests do not measure a driver's actual psychomotor capacity. Concerns have been raised regarding the potential for false positives in terms of impairment, as THC can remain detectable in saliva for up to 30 hours after use, potentially penalizing sober drivers who consumed substances previously.