Best DUI & DWI Lawyers in São Bernardo do Campo

About DUI & DWI Law in São Bernardo do Campo, Brazil

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses regulated strictly by Brazilian law, including in São Bernardo do Campo. These terms refer to operating a vehicle after consuming alcohol or other substances that impair the driver’s ability to safely control the vehicle. The relevant laws are enforced locally, and offenders can face severe legal and administrative penalties.

Brazil’s national traffic code prohibits driving with any level of alcohol in the bloodstream. Authorities frequently conduct sobriety checkpoints and use breathalyzer tests to check for impairment. The intention is to reduce road accidents and increase public safety. São Bernardo do Campo follows federal regulations but also observes certain local procedures specific to the city and the state of São Paulo.

Why You May Need a Lawyer

If you are accused of DUI or DWI in São Bernardo do Campo, legal representation can be crucial for the following reasons:

• Understanding complex legal procedures and rights during a DUI or DWI investigation
• Challenging the validity of breathalyzer or blood test results
• Negotiating reduced penalties or alternative sentences
• Representation during administrative proceedings to contest suspension of driving privileges
• Defending against criminal charges in court and avoiding permanent criminal records
• Guidance when facing repeat offenses or aggravating circumstances, such as accidents or injuries

An experienced lawyer can help protect your rights and seek the most favorable outcome in your case.

Local Laws Overview

In São Bernardo do Campo, DUI and DWI are enforced under the national Lei Seca (Dry Law), as outlined in the Brazilian Traffic Code (Código de Trânsito Brasileiro - CTB). Key aspects include:

• Zero tolerance: Any detectable level of alcohol or illicit drugs in the bloodstream can trigger sanctions.
• Administrative Penalties: These can include heavy fines, license suspension for up to twelve months, and mandatory participation in educational traffic programs.
• Criminal Penalties: If blood alcohol content is above 0.3 mg/L or higher or if there are aggravating circumstances (e.g., causing an accident), the individual may face imprisonment from six months to three years.
• Refusal to take a breathalyzer: Refusing to take the test also results in administrative penalties, including fines and license suspension.
• Repeat Offenses: Repeated violations lead to increased penalties and longer suspensions.

Local police and the São Bernardo do Campo city authorities work alongside state authorities to ensure rigorous enforcement of DUI and DWI laws.

Frequently Asked Questions

What happens if I am stopped at a sobriety checkpoint in São Bernardo do Campo?

You will be asked to submit to a breathalyzer test and may undergo a brief interview. Refusal to comply results in administrative penalties even if you are not criminally charged.

Can I refuse the breathalyzer or blood test?

Yes, you can refuse, but refusal is in itself an infraction and leads to fines and suspension of your driver’s license, regardless of whether you were actually impaired.

What are the penalties for a first-time DUI or DWI offense?

First-time offenders typically face a fine, a twelve-month license suspension, and required participation in a re-education course. If there are aggravating factors, criminal charges may apply.

What constitutes aggravating circumstances in DUI or DWI cases?

Aggravating factors include causing an accident, bodily injury, death, or having a very high level of intoxication. These can result in criminal charges and harsher penalties.

Will a DUI or DWI show up on my criminal record?

If your case involved criminal penalties, it will appear on your criminal record. Administrative offenses without criminal elements generally do not.

Can I lose my job because of a DUI or DWI?

Depending on your profession, especially those requiring a valid driver’s license, being unable to drive can affect your employment. Some employers also have internal policies related to criminal conduct.

How long does the administrative suspension of a driver’s license last?

The license is generally suspended for one year for a first infraction. For repeat offenses, the suspension may be longer.

Can a lawyer help reduce or overturn the penalties?

A lawyer can identify procedural errors or irregularities in the investigation, contest the evidence, and negotiate alternative penalties, potentially reducing consequences or overturning penalties in some cases.

Is it possible to drive legally during the suspension?

You are not legally permitted to drive while your license is suspended. Getting caught driving during suspension brings more severe penalties.

What should I do if I am charged with DUI or DWI in São Bernardo do Campo?

Contact a qualified local lawyer as soon as possible to discuss your case, gather evidence, and start building your defense. Do not ignore the process or fail to attend required hearings or educational programs.

Additional Resources

If you are facing DUI or DWI charges or need advice, the following resources may be helpful:

• Detran-SP (Departamento Estadual de Trânsito de São Paulo) - The state transit authority responsible for driver’s licensing and administrative penalties.
• Polícia Militar do Estado de São Paulo - Local law enforcement agency responsible for traffic enforcement.
• São Bernardo do Campo Traffic Department (Departamento de Trânsito de São Bernardo do Campo) - Offers information on local traffic rules and procedures.
• OAB-SP (Ordem dos Advogados do Brasil - Seção São Paulo) - The local Bar Association offers lawyer referrals and legal aid services.
• Non-governmental organizations specializing in road safety and the rights of accused drivers.

Next Steps

If you or a loved one has been accused of DUI or DWI in São Bernardo do Campo, it is important to act promptly:

• Gather all documentation related to the incident, such as police reports, test results, and notices of suspension.
• Write down everything you remember about the stop, the testing process, and any interactions with law enforcement.
• Contact a qualified criminal defense lawyer or DUI/DWI specialist in São Bernardo do Campo as soon as possible.
• Attend all required hearings and participate in mandated educational programs to avoid further complications.
• Do not drive while your license is suspended, as this could lead to additional penalties.

Taking these steps will help you navigate the legal process more effectively and protect your rights throughout the proceedings.