The Transport Agency revoked a driver's license due to two elevated PEth values in the license holder. The Administrative Court agreed with the assessment.
But the Administrative Court of Appeal now assesses that the two elevated values "alone did not mean that the individual in question had a harmful use of alcohol that was not temporary", writes the court.
"Revoking the driver's license is a far-reaching intervention. It is the Transport Agency that has the burden of proof, and the investigation needs to be sufficiently robust for a driver's license intervention to be possible", says Administrative Court of Appeal Judge Pernilla Flank in a press release.
The medical investigation was, according to the Administrative Court of Appeal, inadequate in the case.
Last year, the Transport Agency revoked around 40 driver's licenses where the reason was elevated PEth values on two occasions of measurement. The tests have been criticized for being uncertain and unreliable, and in mid-May, the authority decided to manually review the cases from 2024 to detect deficiencies.
A PEth test is a blood test used to measure a person's alcohol consumption over a number of weeks. The test is intended, unlike regular alcohol tests, to be able to detect regular or excessive alcohol consumption, even after a period of abstinence.
PEth stands for phosphatidylethanol, which is formed in the body when alcohol is consumed. The PEth test is intended to help identify if a person has a risk consumption or abuse of alcohol.
Source: Transport Agency, 1177.
