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AFTA & FELLOWS

AFTA & FELLOWS

Yogyakarta, Indonesia

Founded in 2010
4 people in their team
AFTA & FELLOWS is a professional law firm with experience in the field of law, committed to delivering the highest quality legal services in...
Indonesian

About DUI & DWI Law in Yogyakarta, Indonesia

Driving under the influence (DUI) or driving while intoxicated (DWI) are serious offenses in Yogyakarta, Indonesia, and are punishable under national laws. These offenses refer to the act of operating a vehicle while over the specified legal limit for alcohol, cannabis, or prohibited drugs, which is a 0.00% blood alcohol concentration (BAC) for all types of drivers. DUI & DWI cases are regulated by the Indonesian Law No. 22 Year 2009 on Traffic and Road Transport.

Why You May Need a Lawyer

Legal guidance in DUI & DWI cases is critical since these offenses carry heavy penalties, from fines and imprisonment to revocation of driving license. There also can be additional aggravating factors, like causing physical injury or property damage, making the situation more complex to navigate legally. A knowledgeable lawyer can counsel you on your rights, help you understand the charges against you, develop a defense strategy, and negotiate on your behalf during court proceedings.

Local Laws Overview

Under Indonesian law, motorists proven guilty of DUI can face penalties including imprisonment up to eight years and a fine up to IDR 2 billion. If the DUI results in another person's injury, the perpetrator can face a maximum imprisonment of 10 years, and if it results in death, the penalty can be up to 12 years. Repeat offenders are subject to heavier sanctions. Additionally, international drivers in Yogyakarta are advised to be familiar with and follow these laws, as they apply to both local and foreign motorists.

Frequently Asked Questions

What is the legal drinking age in Yogyakarta, Indonesia?

The legal drinking age in Indonesia, including Yogyakarta, is 21 years old. However, it is illegal for anyone to drive under the influence of alcohol or drugs regardless of age.

What is the legal limit for blood alcohol concentration (BAC) while driving?

The legal BAC limit for driving in Indonesia is 0.00%. Any amount of alcohol in the bloodstream constitutes driving under the influence.

What happens if I refuse a breathalyzer test?

Refusal to take a breathalyzer test can be used as evidence against you in court and can lead to automatic penalties, including suspension of your driver's license.

Can I be arrested for DUI even if the vehicle was not moving?

Yes, the Indonesian law does not differentiate between parked and moving vehicles. As long as you are in the driver's seat and you're intoxicated, you can be charged with a DUI.

What are the penalties for a first offense DWI?

A first offense of DWI can lead to imprisonment for up to eight years and a fine up to IDR 2 billion.

If I'm charged with DUI, do I have to appear in court?

Yes, if you are charged with DUI, you must appear in court. If you fail to do so, a warrant may be issued for your arrest.

Do repeat offenses carry heavier sanctions?

Yes, repeat offenses are considered more severe and may incur heavier sanctions, including extended jail time and higher fines.

What happens to my driving license if I'm convicted of DUI or DWI?

If you're convicted of DUI or DWI, your driver's license can be revoked. You will not be allowed to drive legally until it is reinstated.

What should I do immediately after being charged with DUI?

You should consult a legal professional immediately. A lawyer can guide you through the legal processes, ensure your rights are protected, and help create a defense.

I'm a foreign driver. Am I exempted from these laws?

No, these laws apply to both local and foreign motorists. Violators can face the same penalties, regardless of their nationality.

Additional Resources

The Indonesian Traffic Police (POLANTAS) are the leading authority on road safety and driving regulations. They provide information, enforcement, and services related to DUI & DWI laws. United Nations Office on Drugs and Crime (UNODC) in Indonesia also offers extensive resources about drug-related driving offenses. It's recommended to maintain contact with your embassy or consulate if you're a foreign national facing legal issues in Indonesia.

Next Steps

Right after being charged with a DUI or DWI, you should reach out to a licensed lawyer specializing in these matters. They can provide you with comprehensive legal advice, guide you on the required legal procedures, help you counter the charges, or negotiate for reduced penalties. Document all information related to your case accurately as this will aid your defense.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.