Legal Magazine

How the Zero Tolerance Law Changed Brazil

Posted on the 28 October 2014 by Angelicolaw @AngelicoLaw

It has been over six years since the zero tolerance law concerning alcohol came into effect in Brazil. Law 11.705, known as Lei Seca (the Dry Law), was passed after studies found that no level of alcohol in the bloodstream is safe for someone who is driving. One study conducted concluded that in Brazil 30% of drivers had alcohol in their blood on the weekend. That is nearly one in three people. Statistically speaking, that would mean that if you were driving sober, either the person driving directly behind you or in front of you probably had alcohol in his or her system.

This zero tolerance law, which was passed on June 19, 2008, fines anyone who has 0.2 grams of alcohol per liter of blood, which equals a blood alcohol content level (BAC) of 0.02. This is equivalent to roughly a can of beer or a glass of wine. Even after just one drink, drivers can have a loss in judgment due to a decline in visual functions. Under normal driving circumstances, this loss of judgment may not cause a major problem, but when faced with an emergency situation a person’s reaction (or lack thereof) may lead to problems.

In 2008, fines for violating the zero tolerance law were set at BRL$957 (at the time roughly equal to US$600). Fines have since increased to BRL$1,915 (just over US$800 currently). In addition to fines, offenders also have their license suspended for a year. Fines are even worse for repeat offenders and for those with a 0.06 or higher BAC. Fines for repeat offenders double and those with a BAC of 0.06 or higher will be arrested. They may then be sentenced to between six months and three years.

Have the stricter penalties done any good though? A recent study showed that the percentage of those who admit to having driven while drunk has decreased 45% since the zero tolerance law was enacted. A 2012 addition to the zero tolerance law may have also influenced this decline. This addition made it obligatory for drivers involved in car wrecks to take tests to determine their BAC. Previously drivers could refuse such tests, although they might have been fined or arrested for disobedience.

Some may feel the zero tolerance law is a bit extreme, but if nothing else it has caused many drivers to think before drinking and driving.


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