Best Drunk Driving Lawyers in São Bernardo do Campo

About Drunk Driving Law in São Bernardo do Campo, Brazil

Drunk driving, locally known as "embriaguez ao volante," is a serious crime in São Bernardo do Campo. As part of the greater São Paulo metropolitan region, the municipality follows federal and state laws that strictly prohibit operating a vehicle under the influence of alcohol or drugs. Authorities conduct regular roadblocks and breathalyzer tests to deter and detect offenders. Being caught driving under the influence can result in severe penalties, including fines, suspension of driving privileges, and even criminal charges.

Why You May Need a Lawyer

If you are accused of drunk driving in São Bernardo do Campo, legal representation is very important. Many people seek help for the following reasons:

• Disputing the results of a breathalyzer or blood test
• Navigating the administrative suspension of their driver’s license
• Facing heavier penalties due to aggravating factors, such as causing an accident or injury
• Understanding plea bargains or the possibility of reduced sentences
• Appealing a conviction or administrative penalty
• Protecting your rights during police stops and questioning
• Finding guidance about reinstating your license

Drunk driving laws are complex and the consequences are serious. A lawyer can explain your options, help build your defense, and work towards the best possible outcome.

Local Laws Overview

São Bernardo do Campo applies Brazilian federal law, known as the “Lei Seca” or Dry Law. The law sets a zero-tolerance policy for alcohol and driving, with blood alcohol concentration (BAC) limits considerably low - effectively, any detectable amount of alcohol can lead to penalties. Relevant aspects include:

• Drivers cannot operate a vehicle if they have any measurable alcohol in their system (BAC greater than 0.00mg/L in breath tests).
• Refusing a breathalyzer test is allowed, but it results in automatic administrative penalties, including a fine and license suspension.
• Penalties for drunk driving include fines, license suspension for up to 12 months, and possible imprisonment (especially if there is an accident or injury).
• Involvement in accidents, injuries, or fatalities caused by drunk driving leads to more severe criminal charges.
• Police frequently conduct sobriety checkpoints throughout São Bernardo do Campo, especially on weekends and holidays.

Frequently Asked Questions

What is the legal blood alcohol limit for drivers in São Bernardo do Campo?

The legal limit is effectively zero. Any detectable alcohol in your system can result in penalties.

Can I refuse a breathalyzer test?

Yes, but refusal results in administrative penalties including a substantial fine and license suspension for 12 months.

What happens if I am caught driving under the influence?

You may face fines, suspension of your driver’s license, vehicle impoundment, and even criminal charges with possible jail time if aggravating circumstances exist.

How much is the fine for drunk driving?

The basic fine is several thousand Brazilian reais and may be doubled or increased with repeat offenses or aggravating factors.

Can an accident worsen the consequences?

Yes. Causing an accident or injury while under the influence can result in criminal charges, longer license suspension, and potential imprisonment.

Is it possible to negotiate or reduce my penalties?

In some cases, lawyers can help negotiate plea deals, reductions, or alternatives depending on the evidence and circumstances.

What are my rights if I am stopped at a roadblock?

You have the right to remain silent, the right to refuse the breathalyzer (with administrative consequences), and the right to legal counsel.

How long can my license be suspended?

Typically, license suspension for drunk driving lasts 12 months, but it may be longer if there are aggravating circumstances.

What should I do if I am accused of drunk driving?

Follow police instructions, do not argue at the scene, seek legal advice as soon as possible, and avoid making statements without a lawyer present.

How can a lawyer help me in a drunk driving case?

A lawyer will defend your rights, review the evidence, advise you on your best options, represent you in hearings, and help minimize legal consequences.

Additional Resources

For more information or assistance, the following resources can be helpful:

• Department of Transit of São Paulo State (DETRAN-SP): Handles driver’s license issues and provides information about administrative penalties.
• Public Defender’s Office of São Paulo State: Offers free legal assistance to those with limited income.
• São Bernardo do Campo City Hall: Can direct you to local guidance and information about traffic regulations.
• Brazilian Bar Association (OAB): Can help you find registered lawyers who specialize in drunk driving defense.
• Community traffic safety organizations: Often provide educational materials and prevention programs.

Next Steps

If you are facing drunk driving allegations or need legal assistance, take these steps:

• Do not make statements or sign documents without understanding their consequences. Consult with a lawyer first.
• Gather all relevant documents, such as police reports, breathalyzer results, and any citations received.
• Contact a licensed criminal defense attorney or the local Public Defender’s Office for an initial consultation.
• Cooperate with your legal counsel and follow their advice throughout the process.
• Keep track of deadlines for administrative appeals or court appearances to protect your rights.

Having informed legal support can make a significant difference in the outcome of your case. Acting quickly and responsibly will help you navigate the legal process effectively.