The alert was made by the director of the Institutional Communication and Press Office of the Ministry of the Interior, Waldemar José, stressing that, according to the new Penal Code, whoever drives with a blood alcohol level equal to or greater than one milligram per liter must be stopped and summarily tried.
In the current highway code, the permitted rate is 1.2 grams of blood alcohol, a rule that is now revoked with the new Penal Code, in number 4 of article 305, pointed out Waldemar José.
"In other words, the legislator does not admit that, as of today, no one is driving a motorized or non-motorized vehicle, as is the case with a bicycle, if he is under the influence of alcohol, even if he has consumed half a glass of beer ", he explained.
The new Penal Code foresees in its article 305, number 4, the dangerous Driving of means of transport, stating that "the driver who is subjected to the blood alcohol test, is found to be driving with a of blood alcohol or more than one milligram per liter ".
According to Waldemar José, the citizen is obliged to undergo the alcohol screening test and in case of refusal "it is presumed" to be drunk, under the terms of number 5 of article 305, incurring the crime of disobedience, provided for in Article 340 of the new Penal Code, punishable by six months imprisonment or fines of up to 60 days.
Previously, the police were prevented from detaining citizens who were driving under the influence of alcohol, with a blood alcohol level of 1.2 grams or more, for summary judgment, due to the repeal by the Constitutional Court of some rules of the decree. 231/79, of 16 July.
"With the entry into force of the aforementioned criminal legal instrument (new Penal Code) the obstacles that existed for police action cease to exist, since, according to article 306 of the Penal Code, whoever drives on public or open roads public road vehicle, with or without motor (including a bicycle), intoxicated or under the influence of narcotic drugs, psychotropic substances or those that produce similar effects is punishable by imprisonment of up to one year or a fine of up to 120 days " , said.
In the event of driving that endangers other legal assets, the citizen can see his prison sentence increased, establishes the new Penal Code.
