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Driving under the influence of alcohol or drugs in Pompeu - as in the rest of Brazil - is treated seriously. Federal traffic law and state procedures apply locally, so drivers in Pompeu are subject to national rules known as "Lei Seca" - the zero-tolerance approach to alcohol and driving - and to criminal provisions in the Brazilian Traffic Code. A single traffic stop can trigger both administrative procedures handled by traffic authorities and criminal proceedings pursued by public prosecutors. Outcomes can include administrative fines, license suspension, vehicle impoundment, and - in cases that meet the criminal standard - criminal charges that may carry jail time and a criminal record.
Many situations related to DUI and DWI benefit from legal help. Common reasons to retain a lawyer include:
- You were arrested or formally charged with a criminal offense related to driving under the influence. Criminal charges can lead to detention, a criminal record, and significant long-term consequences.
- Your driver license was administratively suspended or your vehicle was impounded. Administrative proceedings have deadlines and specific forms of appeal.
- You were asked to submit to a breathalyzer, blood test, or clinical exam and you are unsure how the results and procedures will be used against you.
- There are questions about the legality of the stop, search, or testing procedures - for example, improper use of the etilometro, lack of calibration, missing chain of custody, or procedural errors in the police report.
- You seek to minimize or avoid the collateral consequences of a conviction - for example, work-related restrictions, loss of professional licenses, or immigration issues.
- You need help negotiating with prosecutors, preparing administrative appeals, or accessing alternatives such as traffic education programs or diversion when appropriate.
Key legal points that apply in Pompeu include:
- Zero-tolerance - Brazil enforces a zero-tolerance policy for alcohol while driving. Any detectable amount of alcohol can result in administrative penalties, even if it is below levels used in some other countries.
- Dual tracks - A single incident can produce both an administrative case with the state traffic authority and a criminal case under the Brazilian Traffic Code. Administrative sanctions do not prevent criminal prosecution, and vice versa.
- Criminal offense - The criminal provision for driving under the influence applies when a person operates a motor vehicle under the influence of alcohol or psychoactive substances. Criminal penalties can include detention, fines, and suspension or prohibition of driving.
- Evidence - Police may use breath tests, blood tests, clinical examinations, witness statements, body or behavior observations, video, or other evidence to support charges. Proper procedure and evidence handling matter; mistakes can affect the admissibility and weight of evidence.
- Tests and refusal - Drivers can be asked to submit to etilometro (breathalyzer), blood tests, or clinical exams. Refusing a test can lead to administrative sanctions and may be used against the driver in criminal proceedings, although the constitutional right to silence still applies in some respects. Refusal does not guarantee immunity from penalties.
- Local authorities - In Pompeu the same state-level agencies that operate throughout Minas Gerais handle traffic enforcement and prosecutions. That includes Detran-MG for administrative traffic matters, Polícia Militar for traffic stops and initial criminal custody, Polícia Civil for investigations when required, and the Ministério Público for criminal prosecution. The Defensoria Pública de Minas Gerais can provide legal assistance if you qualify.
Brazil follows a zero-tolerance approach - any detectable amount of alcohol while driving can lead to administrative penalties. Criminal liability is based on being under the influence, assessed from tests and behavior, rather than a single fixed threshold used everywhere else. That means even small amounts can have consequences.
Administrative penalties typically include a significant fine, suspension of the driver license for a period set by traffic authorities, and possible vehicle seizure or temporary retention. Administrative decisions can be challenged through the administrative appeal channels at the state traffic authority.
DUI becomes criminal when authorities can show the driver was operating a vehicle under the influence of alcohol or psychoactive substances to the degree that it impaired safe driving. Criminal cases arise from police reports, test results, medical exams, or other evidence and are handled by the public prosecutor and criminal courts.
You can refuse, but refusal has consequences. Refusing a test may produce administrative sanctions and can be used by prosecutors as part of the criminal case. Moreover, police may seek a chemical test or alternative evidence. Refusal does not make you immune from prosecution or administrative action.
Stay calm and polite. Provide identification and vehicle documents when requested. You may exercise the right to remain silent regarding incriminating statements, but do not physically resist or obstruct police. Ask for a lawyer if you are being detained. If possible, make note of the officer badge numbers, names, time and place, and any witnesses.
Criminal penalties for driving under the influence can include detention. Sentences vary depending on the facts, prior convictions, and aggravating circumstances such as causing injury or death. A criminal conviction can also bring fines, probation, and longer driver-license sanctions. A lawyer can explain the likely sentence range for your specific case.
If your license was suspended as an administrative measure, you must not drive during the suspension period. If you are only under criminal investigation and your license has not been suspended, you may be allowed to drive subject to any court or administrative restrictions. Always confirm current restrictions with your attorney or the traffic authority.
Administrative decisions are subject to a fixed appeal process at the traffic authority. Deadlines and procedural requirements are strict. Gathering evidence - such as maintenance and calibration records for testing equipment, witness statements, and medical records - is important. An attorney experienced in traffic law can prepare and file appeals and help preserve evidence.
Typical evidence includes breath or blood test results, medical reports, police reports, dashcam or surveillance video, witness statements, and records showing proper calibration and operation of testing equipment. Procedural errors by police - for example, failure to follow chain-of-custody rules or improper use of equipment - can be important for a defense.
Look for criminal defense attorneys or traffic-law specialists who practice in Minas Gerais and have experience with DUI cases. If you cannot afford a private lawyer, contact the Defensoria Pública de Minas Gerais for eligibility and assistance. The local OAB branch can also provide lawyer referral services and information about attorneys specialized in traffic and criminal law.
Helpful local and national resources to consult when you face DUI-related issues in Pompeu include:
- Detran-MG - the state traffic department that manages administrative driver-license matters and penalties in Minas Gerais.
- Polícia Militar de Minas Gerais - often responsible for traffic stops and initial detention in DUI incidents.
- Polícia Civil de Minas Gerais - conducts investigations when further inquiry is necessary.
- Ministério Público de Minas Gerais - prosecutes criminal cases arising from DUI incidents.
- Defensoria Pública de Minas Gerais - provides legal defense to eligible low-income residents in criminal matters.
- Ordem dos Advogados do Brasil - Seccional Minas Gerais (OAB-MG) - for lawyer referral services and guidance on finding qualified private counsel.
- CONTRAN and CETRAN - national and state traffic councils that set and interpret traffic regulations and administrative procedures.
- Local courthouse and municipal public prosecutor offices - for filings, schedules, and local procedural details in Pompeu.
If you are facing a DUI or DWI matter in Pompeu, consider these practical next steps:
- Do not delay in consulting a lawyer - early counsel can protect your rights, preserve evidence, and ensure deadlines are met. If you cannot afford private counsel, contact the Defensoria Pública to check eligibility.
- Gather and preserve evidence - copies of police reports, any medical records, witness names and statements, dashcam footage, and any photos or notes you made at the scene.
- Request official records - ask for copies of the police report, test results, and administrative notices. You will need these documents for appeals and your defense.
- Follow administrative requirements - if the traffic authority imposes administrative measures, comply or timely file the necessary administrative appeals to avoid default judgments and additional sanctions.
- Avoid driving if your license is suspended - driving while suspended can lead to further penalties.
- Prepare for both administrative and criminal paths - understand that you may face simultaneous procedures and that strategies differ for administrative appeals and criminal defense.
- Stay informed and cooperative with your lawyer - provide all relevant facts and documents, attend appointments and hearings, and follow your attorney's advice carefully.
Getting timely legal advice is the best way to protect your rights and pursue the most favorable outcome in DUI and DWI matters in Pompeu. An experienced lawyer can explain options tailored to your situation, including possible defenses, mitigation, or negotiated resolutions where appropriate.
