Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Driving under the influence of alcohol is taken seriously in Giron, as it is throughout Colombia. National traffic and criminal laws apply within Giron and are enforced by municipal transit authorities and the Policía de Tránsito. Enforcement tools commonly include breathalyzer checks, field sobriety evaluations and, when necessary, blood tests. Penalties can include administrative sanctions - for example fines, license suspension and vehicle immobilization - as well as criminal charges when driving under the influence causes injury or death. Local authorities also run checkpoints and campaigns aimed at reducing alcohol-related collisions, especially during holidays and special events.
There are many situations in which professional legal help can protect your rights and limit consequences. Common scenarios include:
- A positive breathalyzer or blood-alcohol test result that leads to a fine, license suspension or vehicle impoundment.
- Allegations that your driving under the influence caused an accident with property damage, bodily injury or death, which can trigger criminal investigation by the Fiscalía.
- Refusal to submit to testing - which can itself lead to administrative or criminal consequences - and subsequent procedural steps to challenge evidence or penalties.
- Procedural errors by authorities - for example mishandling of samples, lack of proper documentation, or failures in the chain of custody - that may be grounds to contest test results or sanctions.
- Administrative hearings and appeals before municipal transit offices and traffic tribunals where procedural representation can improve outcomes.
A lawyer experienced in tránsito and penal law can explain the process, gather and preserve evidence, advise on administrative appeals and criminal defense, negotiate with prosecutors, and represent you in hearings and court.
Key legal points relevant to driving under the influence in Giron include the following:
- National framework - Traffic offenses for driving under the influence are governed by Colombia's national traffic laws and regulations, which are applied locally by municipal transit bodies and the Policía de Tránsito.
- Tests and evidence - Authorities commonly use breathalyzer tests and may request blood tests in certain cases. Proper procedure and documentation for testing and evidence collection are important to the validity of results.
- Administrative sanctions - A person found driving under the influence can face administrative measures such as fines, temporary or longer-term license suspension and vehicle immobilization or confiscation, depending on the circumstances and any prior infractions.
- Criminal liability - If driving under the influence causes injury or death, the Fiscalía General de la Nación may open a criminal investigation. Criminal charges can result in criminal penalties, including imprisonment, if convicted.
- Professional drivers and repeat offenders - Stricter rules may apply to commercial or professional drivers and to people with prior DUI violations.
- Local administration - Giron municipal transit authorities and the Policía de Tránsito handle on-the-spot enforcement, processing of administrative sanctions and initial documentation; criminal matters are handled by the Fiscalía and the criminal courts.
If you are stopped, the police may conduct a field sobriety check and ask you to take a breathalyzer or, in some cases, a blood test. If the test indicates impairment or the police have other reasonable grounds, you may receive administrative sanctions such as a fine, license suspension and vehicle immobilization. If an accident, injury or death is involved, a criminal investigation may follow.
Authorities typically have the power to require a breathalyzer or blood test within the rules established by law. Refusing a legally required test can itself lead to sanctions or be used as evidence against you in administrative and criminal proceedings. If you are unsure about your rights at the time of the stop, state your intent to consult a lawyer as soon as possible and follow lawful orders.
Penalties range from administrative fines, license suspension and vehicle immobilization to criminal charges when serious harm results. The exact penalties depend on factors such as test results, whether you have prior offenses, whether injury or death occurred and whether you are a professional driver.
Yes. There are possible defenses based on procedural errors, improper calibration of breathalyzer devices, chain of custody problems for blood samples, incorrect administration of tests or medical conditions that affect test results. A lawyer can help obtain records, expert analysis and challenge the reliability of evidence.
Not necessarily. Administrative sanctions are normally applied without immediate criminal detention. However, if the incident involves injuries, fatalities or other aggravating factors, or if the Fiscalía believes there is a criminal offense, you could be detained for investigation and criminal charges may follow.
Administrative procedures are handled by transit authorities and focus on sanctions like fines and license suspension. Criminal proceedings are led by the Fiscalía and address criminal liability - for example causing injury or death while driving under the influence. Criminal cases can result in imprisonment and carry longer-term consequences on record.
Prioritize safety and medical needs. Cooperate with lawful police requests, but avoid making detailed statements or admissions before speaking with a lawyer. Request copies of police reports and test results, write down names and badge numbers of officers, and collect contact information of witnesses. Seek medical attention if anyone is injured and preserve any documentation.
Deadlines for appeals and administrative challenges can be short. Exact timeframes depend on the applicable administrative procedure. For this reason, it is important to act quickly and consult a lawyer as soon as possible to preserve appeal rights and prepare a timely defense.
A lawyer can review the police and medical reports, check procedural compliance, request testing and maintenance records for breathalyzer devices, consult experts, prepare administrative appeals, represent you before transit authorities and courts, and negotiate with prosecutors in criminal cases. Effective legal representation can reduce penalties or achieve better procedural outcomes.
Yes. Administrative sanctions can affect your ability to drive for work. A criminal conviction can appear on your record and may have consequences for employment, licensing and other areas of life. Mitigating factors, legal challenges and negotiated resolutions can sometimes limit long-term effects, so timely legal advice is important.
Useful bodies and organizations you may contact or consult include:
- Policía Nacional - Sección de Tránsito y Transporte - for enforcement actions and incident reports.
- Fiscalía General de la Nación - for criminal investigations arising from DUI incidents.
- Ministerio de Transporte - for national traffic rules, regulations and guidance on administrative sanctions.
- Secretaría de Tránsito de Giron or the municipal transit office - for local administrative procedures, fines and appeals processes.
- Personería Municipal de Giron - for guidance on citizen rights and assistance in municipal processes.
- Defensoría del Pueblo - for broader human rights and administrative procedure assistance.
- Instituto Nacional de Medicina Legal y Ciencias Forenses - for forensic examinations and expert reports when medical or forensic evidence is involved.
- University legal clinics and pro bono legal services in the Bucaramanga region - for low-cost legal assistance and initial guidance if you have limited resources.
If you are facing a drunk driving stop, citation or investigation in Giron, consider the following practical steps:
- Ensure safety and address any medical needs immediately.
- Cooperate with lawful police directions, but avoid giving extended statements until you have legal advice.
- Request and keep copies of all police reports, test results and administrative notices. Record names and badge numbers of officers and contact information for witnesses.
- Contact a lawyer experienced in tránsito and penal law as soon as possible. Early involvement improves the ability to preserve evidence, meet appeal deadlines and prepare a defense.
- Do not miss administrative appeal deadlines. Your lawyer can advise you on the correct timelines and procedures for challenging sanctions.
- If finances are an issue, ask about payment plans, legal insurance coverage, or low-cost and pro bono options through university legal clinics or local legal aid providers.
Act promptly, document everything, and seek specialized legal help to protect your rights and pursue the best possible outcome in your situation.
