Many drivers believe there is only reason to worry about alcohol tests after drinking alcohol. But it’s not quite. The Directorate-General Traffic of Traffic (DGT) in Spain has been warning that even without alcohol consumption, certain daily products can lead to positive results. The warning comes at a time when Portuguese legislation remains firm as to the limits allowed, with heavy consequences for those who exceed them.
Although the warning was made by the Spanish authorities, also in Portugal the question raises doubts. After all, how does national law work when the balloon test accuses positive values?
What the Portuguese law says on the limits
In the national territory, the limits are provided for in Article 81 of the Road Code, approved by Decree-Law No. 114/94, of May 3. The general rule establishes that no driver can exceed the rate of 0.5 g/l of alcohol in the blood.
For holders of probative driving license (less than 3 years) and for professional drivers, the limit is even lower: 0.2 g/l. These values are contained in Article 81 (2).
When the rate is higher, the driver incurs a very serious offense, according to article 145, paragraph j). If the result reaches or exceeds 1.2 g/l, the situation now configures driving crime under the influence of alcohol, provided for in article 292 of the Penal Code.
The law also provides for the right to counterproof. Article 153 of the Road Code states that, in case of a positive result, the driver may request a new test to expired, after 30 minutes, or request a blood analysis. Only after this confirmation can a process be instituted.
The question of false positives
It is precisely here that the Spanish warning comes in. DGT has identified several products that, due to natural fermentation or the presence of alcohol in its composition, can momentarily change the test results.
These include fermentation foods, very mature fruits, sweets or desserts with liquor, yeast -elaborated bakery products and even oral antiseptic or certain medications. In all these cases, small amounts of alcohol are not enough to cause drunkenness, but can be detected if the test is done immediately.
In Portugal, the National Road Safety Authority (ANSR) recalls that the counterproof is essential in these situations. Blood analysis, in particular, is considered the most reliable way to rule out doubts and ensure that there is no unfair penalties.
The legal framework and the necessary prudence
In practice, this means that, in Portugal, any value above the limits set forth in articles 81 and 145 of the road code is considered an infringement, regardless of origin. However, the possibility of counterproof ensures greater rigor and reduces the risk of unfair condemnation for false positives.
A reinforces the recommendation of prudence: the consumption of products with alcohol should be avoided before driving. If an unexpected result arises, the driver always has legal right to a second verification.
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