Court Reinstates Driver's License After Overturning Revocation Due to PEth Test Variability
A court has reinstated a man's driving license, challenging the validity of elevated PEth test results used for revocation.
Key Points
- • A man's driving license was revoked due to elevated PEth levels.
- • The Administrative Court overturned the decision, citing test result variability.
- • The ruling aligns with a previous case indicating inconsistency in PEth tests.
- • The court determined PEth tests alone can't justify a license revocation.
In a significant legal ruling, the Administrative Court in Falun has overturned the revocation of a 31-year-old man's driving license due to concerns regarding elevated PEth levels — an alcohol biomarker test. Initially, Transportstyrelsen revoked his license in April after determining he had failed four tests that exceeded the risk consumption threshold, while also having six tests indicating safe levels over a seven-month period.
The court found the evidence insufficient for revocation, stressing that the variability of PEth test results is too high to serve as a sole basis for license suspensions. The decision referenced a previous case from June, where a similar pattern of inconsistent test results led to the annulment of another license revocation.
Court documents highlighted that mere fluctuations in test results over time cannot definitively indicate a habitual alcohol problem. This ruling emphasizes the need for more consistent evidence before imposing such severe restrictions on an individual's right to drive.