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DUI / drink driving (embriaguez ao volante)Possibly — unconfirmed

Possibly — unconfirmed

Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.

Statutory range — reported, not yet confirmed

Art. 306 caput — criminal: driving with altered psychomotor capacity due to alcohol / other psychoactive substancePossibly — unconfirmed

Imprisonment: Detenção 6 months–3 years
Fine: Multa (dias-multa, as written)

Plus suspension or prohibition of obtaining the permit / licence to drive.

Art. 306 § 1º — when the criminal offence appliesPossibly — unconfirmed

Imprisonment: Triggers: § 1º (I) ≥6 dg/L blood OR ≥0.3 mg/L alveolar air; (II) signs of altered psychomotor capacity per Contran
Fine: —

Verification by test, clinical exam, expert report, video, testimony or other lawful means (art. 306 § 2º).

Art. 165 — administrative offencePossibly — unconfirmed

Imprisonment: No imprisonment — administrative
Fine: Very-serious fine + suspension (administrative, NOT criminal)

Shown for clarity: this is NOT the criminal offence.

Note on this entry

Criminal (art. 306) vs administrative (art. 165) tracks are DIFFERENT. Any alcohol concentration triggers the administrative track (Decreto 6.488/2008); the criminal track requires the § 1º threshold or psychomotor signs. Do NOT present the administrative fine as a criminal penalty. “Tolerance zero” refers to the ADMINISTRATIVE track, not a zero criminal threshold. The 0.04 mg/L breathalyser measurement tolerance comes from a non-official source — NOT verified as statutory, do not treat as a legal tolerance. CTB arts. 302/303 (negligent homicide / injury in traffic) ranges NOT verified — not shown.

Source

Statute: Código de Trânsito Brasileiro (Lei nº 9.503/1997), art. 306 (criminal); art. 165 (administrative)
Official source: Planalto fetch failed in session; corroborated by multiple secondary sources reproducing CTB text incl. Senado Legis
Verification status: Reported range, not yet confirmed against official text. The Planalto fetch failed in session; figures were corroborated only by secondary sources. Arts. 302 / 303 were not verified — no figures shown for them.
Last verified: 2026-10-19

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, refusal to test (separate administrative offence, art. 165-A — not verified), whether injury / death resulted (arts. 302/303), discretion, plea-type agreements. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.