29 Jun Can I go to jail for a DUI?
Yes, the crime of drunk driving is punishable by imprisonment, but the sentence will depend on the seriousness of the facts and the criminal record of the perpetrator.
If a driver passes a breathalyzer test, the rate of 0.60 mg/l of exhaled air or 1.2 grams per liter in bloodor if, despite giving a lower rate, his driving shows that his psychic and physical faculties of perception, reaction and self-control are impaired by alcohol.If you do not comply with the provisions of Article 379.2 of the Penal Code, you are presumably committing an offense of alcohol abuse.
Therefore, when a driver has an alcohol level of less than 0.60 mg/l and does not show signs of driving under the influence of alcohol, this is a mere administrative infraction.
Thus, in the event that the facts are considered a crime and not an administrative infraction, the driver will be preventively detained and will be reported for a crime against road safety. Subsequently, you will be summoned to appear for a speedy trial at which you will be assisted by a criminal lawyer.
The penalty for a drunk driving offense is, depending on the circumstances of the case, from imprisonment of 3 to 6 months or a fine of 6 to 12 months or community service of 31 to 90 days, and in any case entails the withdrawal of the driver’s license driving license withdrawal for a period of 1 to 4 years.
It is important to note that these sentences may be reduced by one third if the accused accepts the facts in the Duty Court.
Finally, we must remember that refusing to take a breathalyzer test is also a crime of serious disobedience to authority. and can carry even more serious penalties than the offense of alcohol abuse: imprisonment from 6 months to 1 year and withdrawal of license from 1 to 4 years.
At SAGUÉ ABOGADOS PENALISTAS we recommend that you contact a criminal lawyer from the first moment the facts occur, as this can make a big difference for your future defense at trial.
