Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Driving under the influence of alcohol or drugs is taken very seriously in Japan, and Matsusaka is no exception. National laws apply across all prefectures, so the Road Traffic Act and related criminal statutes form the legal basis. Local law-enforcement and administrative bodies in Mie Prefecture - including the Mie Prefectural Police, Matsusaka Police Station, and the Mie Public Safety Commission - handle enforcement, criminal processing, and driver-license actions. Offenses can trigger both criminal charges and administrative penalties such as license suspension or revocation. Tests used by police commonly include breathalyzer testing and, where necessary, blood testing. Even low levels of alcohol can lead to penalties if an officer determines driving ability is impaired.
An experienced lawyer can be essential at several stages if you are stopped, arrested, or involved in an incident related to DUI or DWI. Common situations where legal help is important include:
- You face criminal charges for driving under the influence - a lawyer can advise on defenses, represent you at investigation interviews, and argue mitigation at trial or in plea discussions.
- You refuse or are unable to complete breath or blood testing - refusal itself can have serious consequences and legal representation helps protect your rights and explain potential outcomes.
- You caused a traffic accident with injuries or death - criminal exposure is far greater in these cases, and victims may bring civil claims for damages.
- You need to challenge the accuracy or legality of testing - errors in procedure, calibration, or the administration of tests can be contested.
- You face administrative hearings on license suspension or revocation - lawyers can represent you before the Public Safety Commission and assist in preparing evidence for license reinstatement.
- You are a foreign national worried about immigration consequences - a lawyer can coordinate criminal defense and immigration counsel to address visa or deportation risks.
Key legal aspects to know for Matsusaka and the wider Mie Prefecture include the following points.
- Governing statutes - The Road Traffic Act and criminal provisions criminalize operating a motor vehicle while impaired by alcohol or drugs. Enforcement is carried out by the prefectural police and prosecutions are handled by public prosecutors.
- Tests and evidence - Police commonly use breath-alcohol tests at the roadside and may require blood tests at a station or hospital. Video, witness statements, and accident scene evidence are also used. Refusal to submit to testing can lead to administrative penalties and may be used as evidence in criminal proceedings.
- Criminal and administrative penalties - A DUI conviction can bring criminal penalties ranging from fines to imprisonment, depending on factors such as intoxication level, whether an accident occurred, and whether there were injuries or fatalities. Administrative consequences include license suspension or revocation for months to years. Repeat offenses carry heavier penalties.
- Liability beyond the driver - Supplying keys or otherwise allowing an intoxicated person to operate a vehicle can be punished. Passengers are generally not criminally liable simply for being in a vehicle, but facts matter if they encouraged, aided, or were complicit in the offense.
- Immediate procedures - After arrest, suspects can be detained for questioning and may face pre-trial detention if the prosecutor or court determines risk of flight or reoffending. Criminal procedures are handled by the local prosecutor and courts.
- Extra-legal consequences - DUI arrests and convictions often lead to employment, insurance, and social consequences. For non-citizens, serious convictions may affect visa status or lead to deportation procedures.
There is no safe guarantee of drinking and driving. Japanese authorities use breath and blood testing to determine intoxication and will penalize driving when alcohol impairs ability. Police measure alcohol levels and take impairment into account. Even small amounts may lead to penalties if driving is impaired. For a precise current numeric threshold and measurement methods, consult a local lawyer or the Mie Driver's License Center.
You can physically refuse, but refusal has legal consequences. Refusal may lead to administrative penalties, be used as evidence in criminal proceedings, and can make it harder to defend the case. A lawyer can explain the risks of refusal and the proper way to handle police requests while protecting your rights.
If police believe you are driving while impaired, they may arrest you on the spot or take you to the station for further testing and questioning. Whether you are released or detained depends on the situation, evidence, cooperation, and risk factors identified by police and prosecutors.
After arrest, police may detain you for questioning and to complete investigations. If prosecutors seek pre-trial detention, it can be ordered by a court under certain conditions - for example if there is a risk of flight or tampering with evidence. The length of detention varies by case and facts. Legal counsel can assist in arguing against extended detention and seeking bail where available.
Administrative measures such as suspension or revocation of your license are common after DUI arrests or convictions. The exact suspension or revocation period depends on the severity of the offense, past record, and administrative determinations by the Public Safety Commission. You will usually face a separate administrative process from the criminal case for license actions.
Causing injury or death while driving under the influence greatly increases criminal exposure and potential penalties. Prosecutors pursue more serious charges, and civil claims for damages by victims or families are common. Legal representation is critical to handle criminal defense, coordinate with victim compensation processes, and address civil liability issues.
A DUI conviction - especially one involving serious injury or imprisonment - can affect visa status and may lead to deportation procedures or denial of future visas. Outcomes depend on immigration status, the sentence imposed, and individual circumstances. Consult both a criminal lawyer and an immigration specialist promptly if you are a foreign national.
A lawyer can prepare and present evidence, argue for reduced or suspended administrative penalties, negotiate timelines for reinstatement, and advise on remedial steps such as enrollment in alcohol treatment programs to show rehabilitation. Legal advocacy can materially affect the outcome of license suspension or revocation proceedings.
Fees vary by lawyer experience, complexity of the case, and services required. Fees may include consultation charges, retainer, representation at hearings, trial work, and post-conviction procedures. Ask for a fee estimate upfront and whether payment plans or legal-aid options are available. The Mie Bar Association and Houterasu provide referral and fee information on legal help resources.
Japan has limited options for sealing or getting rid of criminal records. Depending on the outcome and sentence, suspension of execution or certain rehabilitation provisions may limit public access to some records over time. However, criminal convictions often remain part of your record and can have long-term consequences. A lawyer can advise on record management and any possible remedies in your case.
Below are organizations and bodies that can help if you need legal advice or other assistance in Matsusaka.
- Mie Prefectural Police - local enforcement, incident reporting, and investigation.
- Matsusaka Police Station - for local arrest reports and immediate police procedures.
- Mie Public Safety Commission - handles administrative license actions such as suspensions and revocations.
- Mie Driver's License Center - for information on administrative license procedures and reinstatement requirements.
- Mie Bar Association - helps with referral to criminal defense attorneys experienced in DUI cases.
- Japan Legal Support Center - Houterasu - for basic legal consultations, information on legal aid, and referral to low-cost services.
- National Police Agency - national guidelines and policies on traffic enforcement and testing standards.
- Local courts and prosecutors offices - for information about criminal case handling and schedules.
- Local health centers and addiction treatment services - for counseling and rehabilitation programs that may be useful for mitigation and demonstrating rehabilitation to authorities.
- Your embassy or consulate - for foreign nationals who may need consular assistance after arrest.
If you are involved in a DUI or DWI incident in Matsusaka, take the following practical steps:
- Stay calm and cooperate with safety instructions, but know your rights. You may politely request to contact a lawyer before answering detailed questions.
- Request a lawyer as soon as possible. If you cannot afford one, ask about public legal aid or Houterasu services. If you are a foreign national and need language help, request an interpreter through the police or consul.
- Preserve evidence and details - note the time, place, any witnesses, and the names or badge numbers of officers if you can.
- Avoid making admissions to police without legal advice. Statements made during police questioning can be used in court.
- If you are detained, ask about bail procedures and follow your lawyer's guidance immediately to seek release or reduce detention risk.
- Prepare for the administrative license process - gather documents, proof of address, medical or treatment records, and any evidence that supports mitigation or rehabilitation.
- Consider voluntary participation in counseling or treatment programs - these can be relevant in criminal mitigation and administrative hearings.
- Contact the Mie Bar Association for lawyer referrals and Houterasu for legal aid options if cost is a concern.
Facing a DUI or DWI charge is stressful. Prompt legal advice will help you understand your situation, protect your rights, and pursue the best possible outcome in both criminal and administrative proceedings.
