Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
This guide explains the basics of driving under the influence - commonly called DUI or DWI - for people living in or passing through Filadelfia, in the Boquerón department of Paraguay. DUI and DWI matters in Paraguay combine traffic law, administrative sanctions and, in serious cases, criminal law. Local police can stop drivers suspected of impairment, order breath, blood or other sobriety tests, and impose immediate administrative penalties. If a crash causes injury or death, or if aggravating circumstances exist, prosecutors in the Ministerio Público can bring criminal charges that carry heavier penalties, including fines and imprisonment. Laws, enforcement practices and exact penalties can change, so this guide gives practical information and steps to take if you face a DUI or DWI issue in Filadelfia - it is not a substitute for advice from a qualified lawyer.
Not every traffic stop turns into a court case, but a lawyer can be essential in many situations. Common scenarios where legal help is advisable include:
- You were arrested and formally charged with a DUI or DWI offense.
- You caused an accident that resulted in injury, serious injury or death.
- Your driving license has been suspended, revoked or you face immediate administrative penalties.
- Police relied on breathalyzer or blood test results that you believe are inaccurate or were improperly obtained.
- You refused a test and now face consequences for refusal.
- You have prior DUI/DWI convictions - repeat offenses often trigger much harsher penalties.
- You are facing criminal investigation or potential jail time and need representation at hearings, investigations or trial.
A local attorney who understands Paraguayan traffic and criminal law, and who knows how local courts in Filadelfia and nearby jurisdictions operate, can evaluate evidence, explain defenses, negotiate with prosecutors and represent you in court or administrative hearings.
Although Filadelfia is a specific municipality, DUI and DWI cases there are governed by national statutes and implemented by local authorities. Key points to understand include:
- Jurisdiction and enforcement - Traffic stops and sobriety checks are typically carried out by the Policía Nacional - traffic division or municipal traffic officers. Serious cases involving injury or death are investigated by the Ministerio Público and its fiscalía offices.
- Types of tests - Officers may use roadside observational tests, field sobriety exercises, breath tests and, where necessary, blood or urine tests collected by medical personnel. The reliability and proper administration of those tests are often central in contesting charges.
- Administrative sanctions - Administrative penalties can include on-the-spot fines, immediate provisional suspension of the driving license, vehicle impoundment or orders to attend education or rehabilitation programs. Administrative procedures often run separately from any criminal case.
- Criminal exposure - If driving under the influence causes injury or death, or if the case involves aggravating factors like fleeing an accident scene, transporting minors, or having multiple offenses, criminal charges can follow. Penalties in criminal cases can include significant fines and imprisonment.
- Rights and procedures - You have basic procedural rights: the right to be informed of the charges, the right to legal counsel, the right to medical care if injured, and the right to request copies of evidence and test results. There are also deadlines and formal steps for contesting administrative actions and for filing appeals in criminal matters.
- Special categories - Commercial drivers, public transport drivers and young drivers are often subject to stricter rules and lower permitted alcohol limits. Repeat offenders face progressively harsher sanctions.
- Local variation - Municipalities and local courts may apply national rules with some variation in practice. For example, local police protocols, the availability of breathalyzers and the scheduling of hearings can vary in Filadelfia compared with larger Paraguayan cities.
Stay calm, be polite, and follow lawful commands. You should provide identification and vehicle documents. You may politely decline to answer incriminating questions, but do not obstruct the officer. If asked to take a field sobriety test or breath test, understand that refusal can carry administrative or criminal consequences - ask for clarification and request to speak with a lawyer as soon as possible.
Refusing a test can have serious consequences in Paraguay - administrative penalties such as immediate license suspension and fines are common, and refusal may be used against you in criminal proceedings. The legal effect of refusal differs depending on whether the request is administrative or made under a criminal investigation. Consult a lawyer immediately if you refuse or are considering refusal.
Immediate measures may include on-the-spot fines, provisional suspension of the driving license, vehicle impoundment and being taken to a police station for testing and documentation. If the matter is criminal, you may be detained for processing and later appear before a judge. Administrative penalties and criminal proceedings may run in parallel.
Common forms of evidence include breathalyzer readings, blood test results, officer testimony about signs of intoxication, video or body-camera footage, witness statements and medical reports. Challenging the accuracy or chain of custody of tests, or showing procedural errors, are common defenses. A lawyer reviews evidence and may seek independent testing or expert witnesses.
If an accident caused injury or death, the case will likely involve criminal charges and thorough investigation. You should seek legal counsel immediately, obtain medical care if needed, and preserve any evidence such as photos, witness names and vehicle damage records. Criminal penalties are much more severe when people are harmed.
Timing varies. Administrative procedures like license suspension hearings may resolve in weeks to months. Criminal investigations and trials can take several months to more than a year depending on complexity, appeals and court backlogs. Your lawyer can provide a more specific timetable based on local court schedules.
A conviction can have consequences beyond fines and license loss. It may appear on background checks for employment, affect professional licensing and, for non-citizens, could have immigration implications in some situations. Check with a lawyer about how a conviction could affect your specific employment or immigration circumstances.
Possibly - reinstatement often requires completing administrative steps such as paying fines, serving the suspension period, completing alcohol education or treatment programs and providing proof of compliance. For revocations after serious offenses, restoration may be more complicated and require formal petitions or court orders.
Whether to accept a plea depends on the strength of the evidence, your prior record, potential penalties and your personal goals. Plea deals can reduce charges or penalties but result in a conviction on your record. A lawyer can evaluate the risks and negotiate with prosecutors to seek the best possible outcome for your situation.
Look for attorneys with experience in traffic and criminal law and with a track record of handling DUI or DWI matters. Ask for referrals from the local Colegio de Abogados or other professionals, request an initial consultation to discuss fees and strategy, and confirm the lawyer is licensed to practice in Paraguay. If you cannot afford private counsel, contact the Defensoría Pública to learn about public defender services.
For up-to-date and official information, contact or consult:
- The local Municipal Traffic Office in Filadelfia - for administrative questions about permits, fines and local traffic rules.
- Policía Nacional - Traffic Division - for details about enforcement procedures applicable in Filadelfia.
- Ministerio Público - for information about criminal investigations and prosecution.
- Defensoría Pública - public defender services for those who cannot afford a private lawyer.
- The local Colegio de Abogados - for lawyer referrals and information about licensed attorneys in the region.
- Local courts and judicial offices - to check the status of administrative or criminal cases and to understand local filing procedures.
- Medical facilities that perform forensic blood testing - to request copies of medical reports when relevant.
- Local non-governmental organizations and victim assistance services - for support if the incident involved injury.
Always verify the correct office and current contact details locally - procedures and office locations can change, especially in more remote regions like the Chaco.
If you are facing a DUI or DWI matter in Filadelfia, consider the following practical steps - act quickly and carefully:
- Seek legal advice immediately. If you cannot afford a private lawyer, contact the Defensoría Pública for counsel. A lawyer can advise you about whether to submit to tests, how to request evidence and how to proceed in both administrative and criminal tracks.
- Preserve evidence. Take notes about the stop or accident as soon as you can - time, location, officer names or badge numbers, witnesses, photos and any recordings can be valuable.
- Obtain copies of all police reports, test results and medical records. Your lawyer will need these to evaluate the case and prepare defenses.
- Follow required administrative steps, such as paying required fees, attending hearings and completing mandated programs - missing deadlines can make your situation worse.
- Do not drive if your license is suspended or revoked. Driving in violation of a suspension can result in additional charges.
- Be cautious with statements to police or investigators - you have the right to consult a lawyer. Avoid admitting fault or describing your level of alcohol consumption without legal advice.
- Consider medical or treatment programs if requested by authorities or recommended by counsel - participation can help in administrative procedures or sentencing mitigation.
- Prepare for court - work closely with your attorney on strategy, possible defenses and whether negotiation with prosecutors is appropriate.
This guide is for general informational purposes and is not legal advice. For guidance tailored to your specific case in Filadelfia, contact a qualified local attorney as soon as possible.
