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Toxicological Exam Becomes Mandatory with Law 15.153, Requires 90-Day Test for Categories A and B, Does Not Appear in Resolution 1020 and May Still Generate Fines on Automatic Renewal in the Future
The toxicological exam becomes mandatory for those obtaining their first driver’s license in categories A and B, completely changing the process of driver training in Brazil. What was previously a requirement limited to drivers of categories C, D, and E will now apply to motorcyclists and passenger car drivers right at the first CNH, with a long detection window test of 90 days for the use of prohibited drugs.
At the same time, the change came in a confusing manner. The toxicological exam becomes mandatory due to Law 15.153, which altered the Brazilian Traffic Code, but the obligation does not appear in Resolution 1020 of Contran, which specifically addresses the procedures for obtaining the first license. The combination with Provisional Measure 1327, which creates automatic renewal for good drivers, opens a scenario where those who do not take the exam now may face problems during renewal later on.
How the Toxicological Exam Becomes Mandatory in the First License
The obligation stems from a bill that ended up inserting a new paragraph in article 148 A of the CTB. During the processing, some points were vetoed in the presidential sanction, but Congress overturned part of these vetoes, which meant that Law 15.153 now requires that the long window toxicological exam be presented also in the first A and B license.
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In practice, this means that any candidate for category A or B must take the toxicological exam before concluding the licensing process, even if they will never drive a freight vehicle, bus, or truck.
The exam remains the same large-scale model, analyzing a period of 90 days prior in which the candidate must not have consumed any of the prohibited substances.
Law 15.153 x Resolution 1020: What Is in Conflict
The problem is that Resolution 1020 from Contran does not mention this new obligation. It lists the steps in the licensing process but does not include the toxicological exam in the standard routine for A and B. This creates a sense of disconnection between the regulation and practice.
Nevertheless, the law is above the resolution. This requires the Detrans to adjust their procedures and start requiring the toxicological exam, even if the resolution has not been updated.
In some states, judicial decisions have already been interfering with the application of Resolution 1020 itself, which adds to the confusion for driving schools, candidates, and even those who oversee compliance.
At the end of the day, the message is clear: where the law mandates the requirement for the toxicological exam, the traffic agency cannot ignore it, even if the resolution is not yet fully aligned.
How This 90-Day Exam Works for Those Obtaining the CNH
The toxicological exam becomes mandatory in a long detection window format. The candidate needs to take the test at an accredited laboratory and prove that, in the last 90 days, there has been no consumption of the listed prohibited drugs.
It is a type of exam designed to detect recurring use and not just occasional consumption, specifically to keep off the road those who maintain a frequent relationship with substances that impair driving ability.
For those entering the licensing process, this represents an additional cost and another bureaucratic step, which must be completed before the CNH is issued.
MP 1327, Good Drivers, and the Risk of Violations During Renewal
The change does not stop at the first license. The provisional measure 1327 alters article 268 A of the CTB and creates the so-called national registry of good drivers. The logic is simple: if the driver has no recorded violations in the 12 months prior to the expiration of the CNH, the renewal can occur automatically, without the need to go through the entire traditional in-person process.
This is where the sensitive point comes in. If the toxicological exam becomes mandatory in the first licenses A and B, it should be part of the driver’s history. However, if due to procedural failures or discrepancies between regulations, the exam is not taken at the outset, the driver may reach renewal time without meeting this requirement and yet attempt to use the benefit of automatic renewal.
The risk pointed out is clear: when checking the status of the toxicological exam, the absence of the test or the lack of the correct window may result in a traffic violation during renewal, especially when the system cross-checks the legal requirement with the driver’s history.
What Could Happen Between 2025 and 2026
The scenario becomes even more delicate given the timeline. The provisional measure has a limited duration and must be analyzed by Congress by 2026, which may lead to alterations or even its loss of effectiveness. At the same time, Law 15.153 is already in effect and continues to require the toxicological exam for those seeking their first A and B license.
If nothing changes, those who do not take the toxicological exam as mandated by law may be penalized during renewal later on, exactly when the system verifies whether all requirements have been met. If the driver tries to renew without the exam in order, there is a chance that this pending issue will be treated as a violation.
Political Debate and Possibility of Change in the Rule
In addition to the technical tension between law, resolution, and provisional measure, there is also a political debate. There is public resistance from transport sector authorities regarding the cost and convenience of the toxicological exam, especially for categories A and B.
Discussions are circulating about the possibility of removing the requirement for the toxicological exam not only for the first licenses A and B but even for other categories, which still depends on new movements in Congress and potential changes in the CTB.
Meanwhile, the official status is as follows:
- Law 15.153 is in effect and states that the toxicological exam becomes mandatory in the first A and B licenses.
- Resolution 1020 still does not reflect this requirement in all its procedures.
- MP 1327 creates an automatic renewal model that may face issues due to the lack of the exam in the future.
What the Candidate Needs to Do Now in Practice
Given so much change, the most prudent path for those about to start the CNH process is simple: consider from now on that the toxicological exam becomes mandatory in the first A and B licenses and plan to take it within the 90-day window.
This reduces the risk of:
- having the process stalled due to last-minute requirements
- facing issues in obtaining the CNH
- suffering questioning during renewal when the history is checked
It is also essential to keep up with updates from the Detran in your state, as the practical implementation of these rules may vary in the short term until all regulations are properly aligned.
Do you think that making the toxicological exam mandatory for the first A and B licenses is a necessary step towards greater road safety or just more cost and bureaucracy for those trying to obtain their CNH?
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