On June 19, 2008, Brazil passed a zero tolerance law for drivers with any measurable blood alcohol content.
Law 11,705 was proposed by the Brazilian Congress and approved by President Luiz Inácio da Silva. The law was proposed in light of studies showing that when it comes to driving under the influence, there is no safe level of blood alcohol content.
Law 11.705 cancels the previous law, which only determined penalties beyond a level of .06 BAC (blood alcohol content). Instead of aiming only at drunk driving, Law 11.075 also aims at driving with problems.
Valid throughout the Brazilian territory, the law also prohibits the sale of alcoholic beverages in companies along rural sections of federal highways.
Traffic accidents caused by drunk drivers are one of the risks of driving in Brazil. A study conducted in Brazil by UNIAD, a center for studies on alcohol and drugs, revealed that 30% of drivers had alcohol in their blood on weekends.
Alcohol limits
Law 11.705, commonly known as Lei Seca , or Dry Law, determines that drivers caught with a blood alcohol concentration (BAC) of 0.2 grams of alcohol per liter of blood (or 0.02 BAC level), the equivalent of a A can of beer or a glass of wine: you must pay a fine of R $ 957 (around $ 600 at the time of writing this article) and have the right to drive suspended for one year.
According to Brazilian officials, the BAC level of .02 was set to allow for variation in the breathalyzer. The index is being disputed by opponents of the law because supposedly, eating three liquor chocolates or rinsing with mouthwash would be seen in the breathalyzer.
However, specialists and officials point to the fact that these elements would only appear in the breathalyzer immediately after use or ingestion. They highlight the importance of observation by trained officers to determine exceptions.
Drivers caught with more than 0.6 grams of alcohol per liter of blood (0.06 BAC level) will be arrested and can serve periods of six months to three years, with a bond established at values between R $ 300 and R $ 1,200.
Drivers can refuse to take the breathalyzer test. However, the officer in charge can write a ticket with the same value as 0.6 grams or request a clinical examination at a local hospital. Drivers who refuse to comply can be arrested for disobedience.
A drop in traffic fatalities
Naturally, Brazil’s Dry Law is the source of a heated debate, but polls conducted in different Brazilian cities have shown the approval of the new law. Strong evidence shows that traffic-related deaths have decreased since the law was passed. The news portal Folha Online reported a 57% drop in traffic-related deaths in São Paulo after a crackdown on Prohibition.
For safer traffic in Brazil
In a statement in support of Law 11,705, Abramet, the Brazilian Association of Traffic Medicine, highlighted the importance of the zero tolerance policy as a way to preserve lives. According to Abramet, 35,000 people die in Brazil each year due to traffic accidents.
In a letter addressed to the Brazilian president, Luiz Inácio da Silva, the director of the Pan American Health Organization in Brazil, Mirta Roses Periago, praised Law 11,705 as a model for changes in Brazil and in all the countries of the Americas, where In his words, “Driving under the influence of alcohol has become a real public health problem.”
