Court Reinstates Driver's License Despite Elevated Peth Levels

A Swedish court has overturned a decision to revoke a man's driver's license due to inconsistent peth test results, citing insufficient grounds for the revocation.

Court Reinstates Driver's License Despite Elevated Peth Levels
Erik Langström
Erik LangströmAuthor
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Court Reinstates Driver's License Despite Elevated Peth Levels

Court Reinstates Driver's License Despite Elevated Peth Levels

The Administrative Court has ruled that varying peth levels are not sufficient grounds to revoke a driver's license.

Four tests exceeded the risk threshold, while six were below it over a seven-month period, prompting the Swedish Transport Agency to revoke a 31-year-old man's license.

The decision was made in April this year following an investigation into the man's alcohol habits, initiated after a report of unsuitability for holding a driver's license.

Subsequently, the man was required to undergo peth tests between July 2024 and February 2025.

Now, the Administrative Court in Falun has overturned the decision. The court argues that the test results do not provide sufficient grounds for revocation, referencing a ruling from the Court of Appeal in Stockholm.

Similarities with Previous Cases

The referenced ruling came in June and involved a case where a person had two tests exceeding the threshold over a four-month period.

However, the person also had three tests in between that did not indicate high alcohol consumption.

The Administrative Court points to the similarities in the two cases, noting that the test results varied significantly over time and that the intervening tests were below the threshold for high alcohol consumption.

Thus, the Administrative Court has determined that peth tests alone cannot justify the revocation of a driver's license and has overturned the Swedish Transport Agency's decision.

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