No more waiting fifteen minutes for alcohol testing, but is that fair? “It can even work to your advantage”

The option for a short break before blowing was once created to neutralize the so-called ‘mouth alcohol effect’. The result of the breath test could be distorted if the driver had drunk alcohol just before he or she got into the car. However, according to the police and Federal Minister of Mobility Georges Gilkinet (MR), modern measuring devices can detect and neutralize this distortion automatically and one hundred percent reliably. The waiting time is therefore no longer necessary, it sounds, and the police can carry out more checks in less time.

“Motorists who took advantage of that 15-minute period almost always said positively. It only leads to delays in the testing procedure.”

Stef Willems

Spokesperson Vias

Traffic institute Vias is also positive about the abolition of the fifteen minutes. “Because it is indeed of no use due to the advanced measuring equipment,” says spokesperson Stef Willems. “Drivers who took advantage of that 15-minute period almost always ended up breathing positively. It only leads to a delay in the testing procedure. Thanks to these new rules, the police can more efficiently check for alcohol in traffic. That’s something we should all be happy about.”

Advantage or disadvantage

Toxicologist Jan Tytgat (KU Leuven) has slightly more reservations about the abolition of the fifteen-minute waiting time. “I wonder what the scientific basis is for the statement that modern devices can accurately exclude the mouth alcohol effect,” he says. “Alcohol does not remain in everyone’s body equally constantly. Various parameters also play a role in the extent to which alcohol remains in the mouth, including the amount of saliva a person produces and breathing frequency. Have all those parameters really been validated? If yes, then it is possible. Until then, I think a fifteen-minute wait is justified for someone who has had something to drink just before a check, but is sure that he or she has not had too much.”

“I think a fifteen-minute wait is justified for someone who has had something to drink just before a check, but is certain that he or she has not had too much”

Jan Tytgat

Toxicologist KU Leuven

Lawyer Laurens Guinée, who specializes in traffic law, regrets that the waiting time is disappearing. “In practice we notice that you sometimes get completely different analyzes a few minutes later. I remember a case of someone who did not wait and blew 0.24 mg/l, just more than the allowed 0.22 mg/l. In such a case, 15 minutes can really make a difference,” says Guinée. “I don’t want to feed them, the people who want to obey the law, but push the boundaries: drink two beers, but in too short a time, or drink a little more over a very long period of time. This way you reach people who do not necessarily belong to the ‘target group’ of the alcohol control.”

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Both Vias and toxicologist Tytgat emphasize that those who have drunk too much will not simply blow below the limit fifteen minutes later. “There are all kinds of myths going around about ways to sober up faster: taking mints, eating chewing gum, using sprays… Once alcohol is in your body, there’s not much you can do other than give your body time to break it down. And that takes quite a long time: after one consumption it takes more than an hour to completely sober up again,” says Professor Tytgat.

Moreover, waiting fifteen minutes does not always result in less alcohol in the blood. “It can be to your advantage or disadvantage. If you have only just had a drink and the alcohol is still in the absorption phase, there will be slightly more alcohol in your blood after fifteen minutes,” says Tygat. “If the alcohol is already in your blood and your body is already breaking it down, it is in principle to your advantage.”

“Enough guarantees”

Even with the new procedure, it takes time before an inspection is completely completed. Who not safe blows during the breath test, must undergo a breath analysis. “In practice, there are easily eight minutes between those two measurements,” says Gerry Peeters, head of the Limburg Road Police. If there are large differences between the two measurements, the new devices will be able to attribute this to the effect of mouth alcohol. “Anyone who disagrees with an analysis has the right to request a second analysis, which means you have to blow a third time in total. If the results differ too much, the police must conduct another analysis. So there are certainly guarantees that the accuracy regulations are respected,” says Peeters.