Best DUI & DWI Lawyers in Santa Isabel

About DUI & DWI Law in Santa Isabel, Brazil

In Brazil, drunk and drugged driving is regulated at the federal level by the Brazilian Traffic Code, known as the CTB. That means the rules are the same in Santa Isabel and throughout the country. Locally, enforcement is handled in the state of São Paulo by traffic authorities and the police, including routine sobriety checkpoints often called Lei Seca blitzes. Brazil applies practical zero tolerance to alcohol behind the wheel. The law separates what happens administratively, such as traffic fines and license suspension, from what can become a criminal case, such as when the alcohol level is high or a crash causes injuries or death.

Why You May Need a Lawyer

You may need a lawyer if you were stopped at a Lei Seca checkpoint in Santa Isabel, if you refused a breath test and received an infraction notice, or if your breath test result suggests a criminal offense. A lawyer is also important if an accident occurred, if there were injuries or a fatality, if you are a professional driver who depends on a commercial category license, or if you have a prior alcohol-related infraction within the last 12 months. Legal help is valuable for challenging the validity of the traffic stop or the equipment used, protecting your rights during police procedures, negotiating in a criminal case when eligible, and handling the separate administrative appeal stages that can lead to the suspension or return of your driving privileges.

Local Laws Overview

Key rules come from the CTB and national traffic regulations that apply in Santa Isabel. Article 165 covers driving under the influence of alcohol or drugs as an administrative offense. The fine is gravíssima with a 10-times multiplier, which currently totals about R$ 2.934,70, plus 12 months of license suspension, vehicle retention until a sober driver appears, and seizure of your license. If there is a repeat within 12 months, the fine is doubled. Article 165-A penalizes refusing the breath test, clinical exam, or other procedures with the same penalties as Article 165. Authorities can also rely on other evidence to show impairment, such as witness statements, videos, or a checklist of signs under national rules.

Criminal liability is defined by Article 306. It is a crime to drive with a blood alcohol concentration equal to or higher than 0,6 g/L or an alveolar air reading equal to or higher than 0,3 mg/L. Because equipment has a legally recognized margin of error, a displayed breath value from about 0,34 mg/L or higher typically triggers the crime threshold. A crime can also be established by other evidence of impaired psychomotor capacity. The penalty is detention from 6 months to 3 years, a fine, and suspension or prohibition to obtain a license, and the driver is usually taken to the police station for processing. Bail is commonly available for this offense, subject to Brazilian procedural rules.

If there is an accident with serious bodily injury or death and alcohol is involved, penalties become much harsher under later amendments to the CTB. For homicide in traffic under the influence, the penalty can be 5 to 8 years of imprisonment plus other sanctions. For serious or very serious bodily injury, penalties are increased as well. These cases are handled by criminal courts and are not eligible for simplified procedures that apply to minor offenses.

Brazil uses a zero tolerance approach in practice, but measurement rules matter. Resolution 432 of the national traffic council establishes how authorities test for and record alcohol. For administrative infractions, a breath result equal to or above 0,05 mg/L after the mandatory deduction may suffice even without signs of impairment, and refusal still results in the same administrative penalties. For the criminal threshold, the breath reading and other evidence are evaluated together under Article 306. In Santa Isabel, enforcement is performed by the São Paulo Military Police, Civil Police, and traffic authorities such as DETRAN-SP, and cases go to local courts and prosecutors in the region.

Administrative and criminal proceedings run separately. You can receive a ticket and face license suspension in the administrative system while also facing a criminal investigation or prosecution. Each track has its own deadlines and appeal stages. The typical administrative sequence is notice of infraction, opportunity for a preliminary defense, a decision on the fine, a first-level appeal to the JARI board, and a second-level appeal to CETRAN-SP. A separate suspension process may begin, with its own defense and appeals, and a driver usually must complete a refresher course to restore driving privileges after the suspension period ends.

Frequently Asked Questions

What counts as DUI or DWI in Santa Isabel

Brazil does not use the term DWI. The offense is driving under the influence of alcohol or other psychoactive substances as defined by the CTB. It covers administrative infractions for any measurable or proven impairment and criminal liability for higher alcohol levels or clear evidence of compromised psychomotor capacity.

What are the penalties if I test positive but below the criminal threshold

You face an administrative infraction under Article 165. The penalties are a fine of about R$ 2.934,70, suspension of your license for 12 months, immediate seizure of your license, and vehicle retention until a sober, duly licensed driver takes over. If you reoffend within 12 months, the fine is doubled. This is independent of the CTB points system and causes suspension on its own.

What happens if I refuse the breathalyzer

Refusal is a separate administrative infraction under Article 165-A with the same penalties as Article 165. You can still be charged criminally if other legally accepted evidence shows that you were driving under the influence. Refusal does not automatically create a criminal presumption, but it does not shield you from liability in either track.

When is it a crime instead of just a traffic ticket

It becomes a crime when your alcohol concentration is at or above 0,6 g/L of blood or at or above 0,3 mg/L of alveolar air, or when there is other admissible proof of impaired psychomotor capacity. In practice, a displayed breath result from about 0,34 mg/L or higher meets the threshold because of the mandated instrument deduction. Accidents with injuries or death can lead to much higher penalties.

Will I be arrested at a checkpoint

If the situation is administrative only, you may be released once the vehicle is removed by a sober licensed driver, but your license can be seized and a suspension process will follow. If the criminal threshold is met or there is an accident with injuries, you will be taken to the police station for formal procedures, and bail may be set by the police authority depending on the case.

Can I appeal the fine or the suspension

Yes. Administratively, you can file a preliminary defense after receiving the notice of infraction, then appeal to the JARI, and then to CETRAN-SP if needed. Each notice specifies a deadline. If a separate suspension process begins, it has its own defense and appeal stages. A lawyer can help identify technical issues, such as equipment certification, officer procedures, and notice defects.

Do points on my license matter in alcohol cases

The alcohol infraction leads to suspension regardless of your points. CTB points may still be recorded, but even a driver with no prior points can be suspended for an alcohol infraction or refusal. After the suspension period, you generally must complete a refresher course and pass a test to regain driving privileges.

What if I am a professional driver with categories C, D, or E

The same alcohol rules apply to professional drivers. A suspension can impact your ability to work. Early legal advice is critical to preserve your right to drive and to pursue appeals promptly. Some employers also have internal policies that may be triggered by an alcohol incident.

Do I have the right to a lawyer at the police station

You have the right to remain silent and the right not to self-incriminate. You may request a lawyer. While police procedures can continue without a lawyer present, having counsel helps protect your rights, guide statements, evaluate tests or exams requested, and handle bail and release conditions.

How can a lawyer defend a DUI case in Santa Isabel

Common strategies include reviewing the legality of the stop, the conduct of the checkpoint, the chain of custody and calibration certificates for the breath device, the officer checklist for signs of impairment, the validity and timing of notices, and whether evidence supports a criminal charge. In eligible cases, counsel can seek criminal case agreements under Brazilian procedure or challenge aggravating factors in accidents.

Additional Resources

DETRAN-SP - the São Paulo State Department of Traffic, which handles licensing, fines, and administrative appeals including suspension procedures.

CETRAN-SP - the São Paulo State Traffic Council, which decides second-level administrative appeals.

JARI - the Administrative Board of Traffic Infractions that analyzes first-level appeals of fines.

Polícia Militar do Estado de São Paulo - responsible for policing the roads and conducting Lei Seca checkpoints in Santa Isabel.

Polícia Civil do Estado de São Paulo - conducts criminal investigations and bookings for DUI-related crimes.

Ministério Público do Estado de São Paulo - the state prosecutors who handle criminal cases arising from DUI incidents.

Defensoria Pública do Estado de São Paulo - provides legal assistance to eligible individuals who cannot afford a private lawyer.

SENATRAN and CONTRAN - national bodies that issue traffic regulations and standards used in enforcement and testing.

Polícia Rodoviária Federal - enforces traffic laws on federal highways near the region.

Local Fórum de Santa Isabel - the courthouse where related criminal and some administrative matters may be heard.

Next Steps

If you were stopped or charged in Santa Isabel, act quickly. Read any notice of infraction carefully and note the deadline for your preliminary defense. Gather all documents, including the ticket, breath test receipt, photos or videos, witness information, and any paperwork related to vehicle release. Check whether the notice refers to Article 165, 165-A, or 306, because administrative and criminal matters proceed differently. Contact a lawyer experienced in São Paulo traffic and criminal law to evaluate your case and file defenses on time. If your license is at risk, ask about strategies to contest the suspension and keep driving legally. If you were involved in an accident with injuries, do not provide statements without legal advice. Keep your contact information updated with DETRAN-SP to ensure you receive all notices. Completing the mandatory refresher course will be required if a suspension is confirmed, so plan for that early. Prompt, informed action is the best way to protect your license, your record, and your livelihood.