Best DUI & DWI Lawyers in Santa Isabel

About DUI & DWI Law in Santa Isabel, Brazil

In Brazil the conduct commonly called DUI or DWI is regulated nationally by the Brazilian Traffic Code known in Portuguese as Código de Trânsito Brasileiro and by regulations from Contran and Senatran. In Santa Isabel, a municipality in the state of São Paulo, the same national rules apply and enforcement is carried out locally by state and municipal authorities. The policy is known as Lei Seca and it targets driving after drinking alcohol or using psychoactive drugs that impair driving.

Brazilian law distinguishes between an administrative traffic violation and a criminal offense. You can face fines and a suspension of your right to drive even at relatively low alcohol readings, and you can also be charged with a crime if there is evidence that your psychomotor capacity was altered above certain thresholds or by observable signs, or when a crash results in injury or death.

This guide explains how the rules work in practice in Santa Isabel, why experienced legal help matters, and what steps to take if you are stopped or cited.

Why You May Need a Lawyer

You may need a lawyer if you were stopped at a sobriety checkpoint, refused a breath test, were cited for an administrative DUI infraction, or were arrested on suspicion of the crime of driving with impaired psychomotor capacity. A lawyer helps you understand your rights, avoid self incrimination, and decide whether and how to take or refuse tests while weighing legal consequences.

Legal representation is particularly important if there was a crash, injuries, or a high breath result. In those cases you may face criminal charges, custody at the police station, bail, and court proceedings. A lawyer can work to secure release, negotiate with the prosecutor, protect your employment and license, and challenge improper evidence such as an uncalibrated breathalyzer or an illegal stop.

Even when there is no criminal case, the administrative process at Detran-SP to suspend your right to drive has strict deadlines and technical defenses. A lawyer can file a defense of autuation, appeal to JARI, and escalate to CETRAN-SP, seek access to calibration and maintenance certificates, body camera footage, and medical reports, and argue procedural errors that can lead to cancellation of the fine or suspension.

Local Laws Overview

Administrative infraction under CTB article 165 applies when a driver is under the influence of alcohol or any psychoactive substance that affects the brain. It is a very serious infraction with a fine calculated as ten times the base amount and a 12 month suspension of the right to drive. As of this writing, the fine is R$ 2.934,70 and it doubles to R$ 5.869,40 for a repeat offense within 12 months. The vehicle may be retained until a sober and duly licensed person can take it, and the license can be collected on the spot. Completion of a driver reeducation course and a test is required to recover the right to drive after the suspension term.

Refusal to submit to testing under CTB article 165-A generates the same administrative penalties as article 165. This includes the same fine and the same 12 month suspension. The Brazilian Constitution protects against self incrimination, but the traffic code imposes these administrative consequences for refusal.

Criminal offense under CTB article 306 occurs when the driver has altered psychomotor capacity due to alcohol or another drug. The law characterizes the crime in two main ways. First, by objective concentration thresholds of six decigrams of alcohol per liter of blood, which is 0,6 g per liter, or 0,3 mg of alcohol per liter of alveolar air in the breath. Because of the legally required measurement tolerance, in practice a breathalyzer display equal to or above 0,34 mg per liter is used to characterize the crime. Second, by observable signs of impairment documented by a qualified professional, video, testing, or witness testimony. The penalty is detention from 6 months to 3 years, a fine, and suspension or prohibition of the right to drive. Detention penalties are often converted to alternative sanctions for first offenders, subject to the case facts.

If there is a crash, penalties increase. Homicide in traffic under CTB article 302 committed under the influence of alcohol or other drugs carries reclusion from 5 to 8 years plus suspension of driving rights. Serious or very serious bodily injury in traffic under article 303 with alcohol or drugs carries reclusion from 2 to 5 years plus suspension of driving rights.

Evidence is governed by CTB and Contran Resolution 432 and related rules. Breathalyzers must be approved and within calibration and maintenance periods established by Inmetro. The legal tolerance must be deducted from the measured value. Evidence can also include clinical exams, blood tests, standardized observation of psychomotor signs, police reports, videos, and witness statements. Failures in device approval, calibration, maintenance, or test procedures can lead to exclusion of evidence or cancellation of the infraction.

Enforcement in Santa Isabel is performed through Lei Seca operations and routine patrols, typically by the São Paulo State Military Police, the Highway Patrol for state and federal highways within the region, and by state and municipal traffic authorities. Administrative proceedings on fines and suspensions are handled by Detran-SP, with appeals to JARI and then to CETRAN-SP. Criminal cases are processed by the Civil Police for investigation and the State Court of São Paulo in Mogi das Cruzes region, with the State Prosecutor handling prosecutions.

Frequently Asked Questions

What is the legal limit for alcohol in Brazil and how is it applied in Santa Isabel

For administrative purposes, any indication of alcohol that meets or exceeds the tolerance results in penalties. In breath testing, a reading from 0,05 mg of alcohol per liter of alveolar air, after the legal tolerance is deducted, triggers the administrative fine and 12 month suspension. For the crime under article 306, the objective threshold is 0,3 mg per liter of alveolar air or 0,6 g per liter of blood. Due to the tolerance, a breath display of 0,34 mg per liter or more is used to characterize the crime. The same standards apply in Santa Isabel.

Can I refuse the breathalyzer test

Yes, you can refuse, but refusal is an administrative infraction under article 165-A and carries the same fine and 12 month suspension as driving under the influence. Refusal does not prevent a criminal charge if there are other lawful means of proof, such as clinical examination, signs of impairment, video, or witnesses.

What happens if I am stopped at a Lei Seca checkpoint

Officers may request your documents and invite you to take a breath test. You are not required to incriminate yourself. If you test positive above the administrative threshold or show signs of impairment, you can be cited and your right to drive can be suspended administratively. If the level or signs indicate the crime, you may be taken to the police station for booking, and bail can be set by the police authority because the maximum penalty for article 306 is up to 3 years. Your vehicle can be retained until a sober licensed driver picks it up.

Is DUI always a crime in Brazil

No. DUI can be only an administrative infraction under article 165 if there is alcohol but not enough evidence of altered psychomotor capacity at the criminal threshold. It becomes a crime under article 306 if the objective threshold is met or if impairment is proven by other lawful evidence.

What are the penalties for a first offense

For the administrative infraction, the fine is R$ 2.934,70 and the suspension of the right to drive is 12 months, plus vehicle retention and collection of the license. You must complete a reeducation course and pass an exam to regain the right to drive. For the crime, the penalty is detention from 6 months to 3 years, a fine, and suspension or prohibition of driving. Courts often apply alternative penalties for first offenders, depending on the facts.

What about drugs other than alcohol

The same rules apply to psychoactive substances that affect the brain. Evidence can include medical evaluation, blood or urine tests where appropriate, and observation of psychomotor signs. Refusal to cooperate with testing can still result in administrative penalties under article 165-A and does not prevent other evidence from being used in a criminal case.

How do I appeal a DUI fine or suspension in São Paulo state

You can file a defense of autuation when you receive the notice of infraction. If the penalty is imposed, you can appeal to JARI at the issuing authority. If denied, you can appeal to CETRAN-SP. Each stage has strict deadlines. Grounds can include lack of device approval or calibration, absence of the legal tolerance deduction, procedural errors in notification, or insufficient proof of alteration of psychomotor capacity.

Will my license be immediately suspended

The police can collect your license during the stop, but the suspension of your right to drive is imposed through an administrative process by Detran-SP with notice and the opportunity to defend and appeal. If the process ends with a suspension, you will be notified of the start date. There is no restricted or work-only license during the suspension period.

How do DUI cases affect insurance and employment

Insurance policies in Brazil commonly exclude coverage for losses when the driver is under the influence. Employers, especially in transportation and logistics, often have zero alcohol policies and may take disciplinary action after a DUI incident. A lawyer can advise on employment and insurance implications and help mitigate consequences.

I am a foreign driver or a tourist. Do the same rules apply

Yes. Foreign drivers must follow Brazilian traffic laws. You can be fined, have your right to drive in Brazil suspended, and be charged with a crime like any resident. Keep your passport, valid foreign license and, if required, an international driving permit with you. A local lawyer and your consulate can assist if you are detained.

Additional Resources

Detran-SP Departamento Estadual de Trânsito de São Paulo. Handles administrative processes for fines and suspensions, driver records, and reeducation courses.

Polícia Militar do Estado de São Paulo and Polícia Militar Rodoviária. Frontline enforcement and Lei Seca operations in Santa Isabel and regional highways.

Polícia Civil do Estado de São Paulo. Police stations handle custody, bail, and criminal investigation in DUI cases.

Ministério Público do Estado de São Paulo. State Prosecutor responsible for criminal prosecutions.

Tribunal de Justiça do Estado de São Paulo. State courts that adjudicate criminal DUI cases and related appeals.

Defensoria Pública do Estado de São Paulo. Provides free legal assistance to eligible individuals who cannot afford a lawyer.

Secretaria Nacional de Trânsito Senatran and Conselho Nacional de Trânsito Contran. National bodies that issue regulations applicable to DUI enforcement and testing.

CETRAN-SP Conselho Estadual de Trânsito de São Paulo. Second instance for administrative traffic appeals in the state.

Prefeitura de Santa Isabel Departamento de Trânsito. Municipal traffic administration that may support local operations and education.

Ordem dos Advogados do Brasil OAB-SP subseção local. Directory and guidance for finding licensed attorneys in the region.

Next Steps

If you were stopped or cited in Santa Isabel, stay calm, present your documents, and avoid volunteering incriminating statements. You have the right not to produce evidence against yourself, but refusal to test carries administrative penalties. Be respectful, ask for copies of all documents, and note the names of officers and the time and location of the stop.

Contact a lawyer who handles traffic and criminal defense in São Paulo as soon as possible. Bring the notice of infraction, any receipts, breathalyzer printouts, test referrals, and your version of events. Ask your lawyer to request the breathalyzer approval, calibration, and maintenance certificates, the operation order for the checkpoint, and any available videos or medical records.

Watch for deadlines on the notice of infraction. File a timely defense of autuation and, if needed, appeal to JARI and then to CETRAN-SP. Do not miss deadlines, because late filings are usually rejected.

If you were taken to the police station for a criminal DUI, your lawyer can address bail, evaluate whether a clinical exam is appropriate, and begin building a defense based on evidence quality and procedure. If there was a crash with injury or death, seek immediate legal help due to the higher penalties involved.

Plan for insurance and employment consequences. Notify your insurer as required by your policy and follow company procedures if you drive for work. Ask your lawyer whether statements to insurers could affect your legal case.

After any confirmed suspension, complete the required driver reeducation course and exam and pay any fees to reinstate your right to drive at the end of the suspension period. Keep proof of completion and monitor your status with Detran-SP.

This guide provides general information and is not a substitute for advice from a lawyer who can assess your specific situation under Brazilian law.