Best Drunk Driving Lawyers in Sao Paulo

About Drunk Driving Law in Sao Paulo, Brazil

Drunk driving, known in Brazil as "embriaguez ao volante," is a serious criminal offense in Sao Paulo and across the country. Authorities actively monitor and enforce regulations to ensure road safety due to the risks and consequences associated with driving under the influence of alcohol or drugs. If caught, drivers face severe legal penalties including fines, suspension of driver's license, and even imprisonment. Brazil maintains a strict policy on permissible blood alcohol concentration (BAC) for drivers. Understanding the local laws and your rights is essential if you are facing a drunk driving allegation in Sao Paulo.

Why You May Need a Lawyer

People facing drunk driving accusations may require legal help for several reasons. If you are stopped by police and accused of driving under the influence, you could face administrative penalties, criminal charges, or even civil lawsuits in the event of an accident. Legal counsel becomes crucial in situations such as contesting breathalyzer test results, handling license suspension procedures, negotiating plea deals, or defending against criminal prosecution. A lawyer can also help if your case involves aggravated circumstances like accidents with injuries, high BAC levels, or repeat offenses. Legal guidance ensures you understand your rights and increases your chances of a favorable outcome.

Local Laws Overview

Drunk driving laws in Sao Paulo adhere to the Brazilian Traffic Code (Código de Trânsito Brasileiro - CTB). The legal BAC limit for drivers is zero, as per the "Lei Seca" (Dry Law). This means that any detectable amount of alcohol in a driver's bloodstream can result in penalties. Police frequently conduct roadside checks and may administer breathalyzer or blood tests. Refusing to take a breathalyzer test is an administrative violation that brings fines and a 12-month license suspension. If caught, penalties can include fines, suspension or revocation of the driver's license, temporary seizure of the vehicle, and even imprisonment for up to three years if aggravating factors are present. The severity increases if an accident or injury occurs as a result of drunk driving.

Frequently Asked Questions

What is the legal blood alcohol concentration (BAC) limit for drivers in Sao Paulo?

The legal BAC limit is effectively zero. Any amount detected can result in penalties under Brazilian law.

What happens if I refuse a breathalyzer test?

Refusing a breathalyzer test leads to an administrative fine and a mandatory 12-month suspension of your driver's license.

Can I go to jail for drunk driving in Sao Paulo?

Yes, jail time is possible, especially if aggravating factors are present such as causing an accident, injury, or having a very high BAC level.

How long will my driver's license be suspended for a drunk driving offense?

Typically, your license will be suspended for 12 months, but this can vary depending on circumstances and if you are a repeat offender.

Are there increased penalties for repeat offenders?

Yes, repeat offenders face more severe administrative and criminal penalties, including longer suspension periods, higher fines, and possible imprisonment.

Can I contest the results of a breathalyzer or blood test?

Yes, you can challenge test results with the help of a lawyer, especially if there were procedural errors or technical issues during the process.

Will a drunk driving charge affect my criminal record?

Yes, being convicted of drunk driving can lead to a permanent criminal record, impacting various aspects of your life such as employment opportunities and travel visas.

What should I do if I am stopped by the police for suspected drunk driving?

Remain calm and cooperative. You have the right to seek legal assistance before making any statements. Avoid self-incrimination and contact a lawyer as soon as possible.

Is it possible to recover my license after suspension?

Yes, after serving the suspension period and fulfilling any other administrative requirements, you may be eligible for license reinstatement.

Does the law treat drug and alcohol impairment differently?

Both are treated as serious offenses, and the penalties for driving under the influence of drugs are similar to those for alcohol impairment under the law.

Additional Resources

If you need more information or assistance regarding drunk driving laws in Sao Paulo, consider contacting the following:

• Detran SP - Department of Traffic of Sao Paulo
• Defensoria Pública do Estado de São Paulo - State Public Defender's Office
• Ordem dos Advogados do Brasil (OAB) - Brazilian Bar Association
• Brazilian Traffic Code (Código de Trânsito Brasileiro)
• Local legal aid organizations and specialized law firms in criminal and traffic law

Next Steps

If you are facing drunk driving allegations in Sao Paulo, the most important step is to seek qualified legal advice quickly. Contact a criminal defense lawyer who has experience with traffic cases. Gather all documents related to your case, such as police reports, test results, and any communications from authorities. Make note of the timeline and details of your incident. Avoid discussing your case in public or with anyone except your lawyer. Finally, attend all legal and administrative hearings as required to protect your rights and increase your chances of a successful legal defense.