
Article 138. The state of drunkenness or intoxication due to stupefying substances is defined as the transitory loss or apparent reduction of the normal mental and physical abilities, caused by the consumption of alcoholic beverages or drugs, which are necessary to drive any type of vehicle.
Article 139. The state of intoxication due to stupefying substances will be determined by any of the following exams or tests:
1. Breathalyzer
2. Field Tests of Physical State
~ Balance
~ Point at your nose with your finger, right and left
~ Conversation
~ Reading
~ Facial expression
~ Emotional attitude
~ Eye aspect
~ Shaking or other symptoms
Source: No 25701 Gaceta Oficial Digital, Friday 29 of Decemeber of 2006 53
3. Medical Exams
~ Urine
~ Blood
~ Any other that might be added in the future
Government employees in medical attention centers and other State Health establishments should, cooperatively practice the medical tests which are solicited by the proper authority. The inspectors of the A.T.T.T. and the National Police will have the right to practice breathalyzer and field tests in the actual site the person was pulled over.
Article 140. All drivers are under the obligation to submit to the indicated tests in the previous article, which are designated to determine how affected is a person by alcohol consumption or intoxication by stupefying substances. In the case of pedestrians being hit by a driver, the pedestrian will have the same obligation to submit to a sobriety test.
If a driver or pedestrian refuses to submit to any of the tests stated in the previous article, this will constitute a serious fault against him/her.
Article 141. The degree of impairment caused by the consumption of alcoholic beverages is established according to the following levels of blood or breath using a breathalyzer:
Calification
~ Milligrams per deciliter (blood)
~ Micrograms per deciliter (air)
Level of Concentration and Tickets
Warning
~ Tolerance level 10 - 50 (blood) y 5 - 24 (breath)
Ticket
~ Alcoholic breath 51 - 85 (blood) y 25 - 40 (breath)
Ticket and Retention of the Vehicle
~ Proven intoxication +86 (blood) y +41 (breath)
Drivers that maintain alcohol levels over ten (10) milligrams per deciliter of blood or five (5) micrograms per deciliter of air will be sanctioned according to the procedure indicated in each case.
Note: The limits established are applicable to all drivers, also for pedestrians involved in accidents or traffic infractions.
Source: No 25701 Gaceta Oficial Digital, Friday 29 of December 2006
Article 142. It is prohibited for pedestrians and vehicle drivers:
~ Walk or drive under the effects of stupefying substances.
~ Walk or drive with alcoholic breath or proven state of intoxication.
Article 143. When the driver is caught in an intoxicated state, he/she will be sanction according to the amount of times previously registered in the person’s driving record. Therefore, the competent authority will withhold the person’s driver’s license to be submitted to the A.T.T.T. and the vehicle will be removed from the road. (Your insurance policy includes towing service).
Note: without dismissing any rights a citizen might be entitled to, the competent authority is entitled to suspend a person from driving who is in an obvious state of intoxication, even though they have no breathalyzer at hand.
Tickets
Article 251. The driver which is caught in a state of intoxication, according to what is stated in the Article 143, will be sanction depending on the number of times he/she has violated the law:
|
Time
|
Ticket Amount
|
Suspension of License
|
|
First
|
$150.00
|
3 months
|
|
Second
|
$300.00
|
6 months
|
|
Third
|
$600.00
|
2 years
|
Others: Assisting to seminars and lectures according to the type of intoxication.
Article 252. The driver which is caught in the state of proven intoxication, which causes a traffic accident, damage to foreign property, or bodily injuries to thirds, will be sanction according to the amount of times he/she has broken the law:
|
Time
|
Ticket Amount
|
Suspension of License
|
|
First
|
$1,000.00
|
1 year
|
|
Second
|
$1,500.00
|
3 years
|
|
Third
|
$2,500.00
|
Indefenetly
|
Others: Assisting to seminars and lectures according to the type of intoxication.
Source: No 25701 Gaceta Oficial Digital, Friday 29 of December 2006
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