Best DUI & DWI Lawyers in San Justo

About DUI & DWI Law in San Justo, Argentina

This guide explains how cases of driving under the influence of alcohol or drugs are generally handled in San Justo, a locality in La Matanza, Buenos Aires Province. Argentina does not use the English acronyms DUI and DWI in official texts; instead, authorities refer to conducción bajo los efectos del alcohol or conducción bajo la influencia de estupefacientes. Enforcement combines provincial and municipal traffic rules, administrative procedures for driving licenses and fines, and criminal prosecution when the conduct causes serious harm or death. Processes commonly involve stop-and-checks, breath tests, blood tests, administrative license measures and, in some cases, criminal charges handled by the public prosecutor.

Why You May Need a Lawyer

You may need legal assistance in many common situations - for example when you were stopped and subjected to a breath or blood test and face administrative suspension of your driving license; when you were charged with a criminal offense after an accident that caused injury or death; when you refused a test and face separate penalties; when you are a professional driver facing stricter rules; when you have prior convictions that increase penalties; when you need to challenge the legality of the stop, the testing procedure or the accuracy of evidence; and when you want legal representation at hearings, negotiations with the prosecutor, appeals or to obtain reduced penalties. A lawyer can explain options, preserve deadlines, obtain the case file, advise on evidence, attend hearings and negotiate with prosecutors or administrative authorities.

Local Laws Overview

Key legal elements to understand in San Justo include the following:

- Division between administrative and criminal processes. Traffic authorities and municipal tribunals impose fines, license suspensions and vehicle impoundment. Serious incidents with injuries or fatalities may trigger criminal investigation and prosecution by the Ministerio Público Fiscal.

- Enforcement tools. Police may use roadside breathalyzers, field sobriety tests and request blood tests, particularly after collisions. Refusal to submit to legally required tests may carry its own sanctions.

- Evidence and procedures. Records commonly include alcoholimetro results, police reports, medical reports, witness statements, and vehicle inspection records. Chain-of-custody and correct administration of tests are often contested issues.

- Penalties. Possible consequences include fines, temporary or permanent license suspension, mandatory programs or courses, vehicle impoundment, criminal charges, pretrial detention in severe cases, and civil liability for damages. Exact penalties depend on the facts, prior records and whether the province or municipality applies aggravated rules.

- Special rules for commercial and novice drivers. Drivers who operate public transport or carry hazardous materials, and newly licensed drivers, are often subject to stricter limits and consequences.

Frequently Asked Questions

What is the difference between DUI and DWI in Argentina?

In Argentina the English terms DUI and DWI are not used in legal texts. Authorities talk about driving under the influence or driving while impaired - conducción bajo los efectos del alcohol or conducción bajo la influencia de estupefacientes. Practically, the difference people mean in English is not relevant in local practice - the focus is on impairment, measured evidence and the legal consequences that follow.

What happens if the police stop me and suspect I am driving under the influence?

The police may perform on-the-spot checks, ask you to take a breath test, conduct field sobriety evaluations and, in many cases, require a blood test. If signs of impairment are found, you may be detained, your license may be seized or suspended temporarily, your vehicle may be impounded and a report will be prepared. If there was an accident or injuries, a criminal investigation may begin.

Can I refuse a breathalyzer or blood test?

Refusal is risky. Refusing a test may trigger administrative penalties, such as fines and automatic license suspension, and can be used against you in criminal proceedings. Whether refusal is a criminal offense depends on the circumstances and local rules. Speak with a lawyer as soon as possible if you refused a test.

What kinds of penalties could I face?

Possible penalties include administrative fines, temporary or permanent loss of driving privileges, vehicle impoundment, mandatory alcohol education programs, criminal charges when there are injuries or fatalities, and civil liability for damages. Penalties depend on the level of alcohol or drugs, whether damage or injuries occurred, prior offenses and whether you are a commercial or novice driver.

How does the administrative process for license suspension work?

After a positive test or a police report, traffic authorities or municipal tribunals may issue an administrative suspension of your license. You will typically receive notice of the suspension and instructions for contesting it. Deadlines for appeals are strict. A lawyer can file the administrative appeal, request provisional measures and represent you at hearings.

Will a DUI or similar conviction lead to criminal charges?

Not always. Simple administrative infractions are handled outside the criminal system. However, if driving under the influence caused bodily injury or death, or if aggravating elements exist, criminal charges may follow and can result in prison sentences, criminal records and more severe penalties. Each case must be evaluated individually.

How do I contest the accuracy of a breathalyzer or blood test?

Contesting results often involves checking whether the device was properly calibrated and maintained, whether the test was administered by trained personnel following protocols, and whether the chain of custody for blood samples was preserved. Medical conditions, medications and improper procedures can affect results. A lawyer can order expert analysis, request the maintenance logs and challenge the evidence in court.

Do I need a lawyer for a first-time or minor offense?

Even for a first-time or apparently minor offense, legal assistance is valuable. An attorney can explain the consequences, negotiate reduced administrative measures, ensure your rights are protected at hearings and prevent a routine administrative issue from escalating into a criminal record. The complexity and potential long-term impact make legal advice prudent.

How long will this case stay on my record?

The effect on your record depends on whether the matter is handled administratively or criminally, and on provincial rules about rehabilitation and record expungement. Administrative sanctions may appear in traffic records, affecting insurance and licensing. Criminal convictions affect your criminal record and can have longer-term consequences. Ask a lawyer about remedies to limit record effects.

What documents and information should I gather immediately after an arrest or stop?

Collect your identity and license details, police report number, contact details of witnesses, photos of the scene and your vehicle, medical reports and test results, insurance and registration documents, and note the names and badge numbers of involved officers. Preserve any receipts or official notices. Provide this information to your lawyer promptly.

Additional Resources

- Municipal Traffic Office of La Matanza - for administrative and local traffic queries.

- Local police department and tránsito division - for incident reports and test records.

- Public Prosecutor's Office - for information on criminal investigations and charges.

- Juzgado de Faltas or municipal administrative tribunal - for contesting fines and suspensions.

- Colegio de Abogados de La Matanza - to find a certified local lawyer specializing in traffic or criminal law.

- Agencia Nacional de Seguridad Vial - national agency that publishes guidance and safety standards.

- Legal aid services and defensorias - for people who cannot afford private counsel.

Next Steps

- Stay calm and document everything. Write down what happened, including times, locations and names of witnesses.

- Secure official records. Request copies of police reports, test results and any administrative notices as soon as possible.

- Contact a lawyer experienced in traffic and criminal matters in San Justo or La Matanza. Ask about initial consultation, fees and likely strategies.

- Preserve evidence. Keep medical reports, photos and communications. Do not alter the vehicle or scene-related items if an investigation is pending.

- Meet deadlines. Administrative appeals and criminal procedure deadlines are strict. An attorney will ensure you meet them and file required motions.

- Consider short-term practical steps: notify your insurance company if required, arrange alternate transportation, and follow any court or administrative requirements such as surrendering the license if ordered.

This guide is for informational purposes only and does not replace professional legal advice. For guidance tailored to your situation, consult a qualified lawyer promptly.