On December 2012, the law No. 12.760 was enacted. It reinforces the popularly known “Lei Seca” (Law No. 11.705/2008). The new law modifies the Brazilian Traffic Code and not only increases the amount of administrative fines (from BRL$ 957.69 to BRL$ 1,915.38, being possible to double the amount in case of recurrence in the period of 12 months), but also increases the possibilities of evidences of the violation of driving under influence of alcohol or any psychoactive substance, which were disciplined by the National Traffic Council (CONTRAN) on the Act No. 432, from January 23, 2013.
The act of driving under influence of alcohol or any psychoactive substance might be attested by the diethyl test (breathalyzer), blood or laboratorial test, clinical exam, or the statement by the traffic authority of a series of signs that indicate the modification on the psychomotor capacity*. Moreover, testimonial evidences, images, videos or any other kind of evidence accepted by law might also be used.
The administrative violation will occur in case the conductor shows any concentration of alcohol on the blood, that would mean a mensuration equal or superior 0.05 mg of alcohol per liter of air alveolar exhaled or any sign of modification on the psychomotor capacity. The penalty will be a fine, suspension of the right of driving on the period of 12 months, recollection of the driving license and restraint of the vehicle.
The action will be considered a crime in case the driver presents a concentration of alcohol equal or superior to 0.6 g of alcohol per liter of blood, that would mean a mensuration equal or superior to 0.34 mg of alcohol per liter of air exhaled, or any signs of modification on the psychomotor capacity. In these cases, the driver is subject to detention of 6 months to 3 years, fine and suspension or prohibition of obtaining driving license.
*In regard to the psychomotor capacity, the following series of signs shall be analyzed by the traffic authorities: a) appearance: drowsy, redness in the eyes, vomit, hiccups, cloth disorder, and smell of alcohol on the breath; b) attitude: aggressiveness, arrogance, elation, irony, talkativeness, dispersion; c) orientation: if one knows where and when he is at; d) memory: if one knows his address and remember what he has done; e) motor and verbal skills: difficulties on the balance and altered speech.
To access the Brazilian Traffic Code in entireversion, access: http://www.planalto.gov.br/ccivil_03/LEIS/L9503.htm (portuguese version).