Drunk driver will not be entitled to Bail

Drivers who cause an accident and are caught drunk will no longer have the right to pay bail to receive freedom and will have to serve a greater penalty. The legislation with the strictest rules comes into force on Thursday.


Law is law

Law in bail

Law 13.546 / 2017 is valid for the driver who, under the influence of alcohol and other drugs, cause traffic accidents that result in manslaughter (no intent to kill) or serious or very serious bodily injury.


The prison sentence for cases with deaths will go from 2 to 5 years to between 5 and 8 years. In addition, the law also prohibits the driver from obtaining permission or enabling to drive a vehicle again. 


Already in the case of serious or very serious bodily injury, the prison sentence, which varied from six months to two years, has now been extended to the imprisonment of 2 to 5 years, including also the possibility of suspension or loss of the right to direct. 


What is the penalty?

penalty bail

The elevation of the penalty prevents the delegate from determining bail. This is because the law only authorizes the release of the prison for crimes with a maximum sentence of 4 years. Now, this measure becomes the responsibility of the judge, through habeas corpus or request for provisional release.


The changes in the Brazilian Traffic Code (CBT) also include as a traffic crime the participation in so-called cracks or handholds.