FÁBIO PASCARINI
SÃO PAULO, SP (FOLHAPRESS)
Even in the face of strict legislation, every hour around eight drivers, on average, are caught in Brazil for having consumed alcohol or psychoactive substances before driving.
A study by Senatran (National Traffic Secretariat) showed that since the implementation of the Dry Law, on June 20, 2008, 1,015,570 traffic violations have been recorded in the country, for driving under the influence of alcohol or any other psychoactive drug. .
Anyone caught with 0.05 mg/l to 0.33 mg/l (milligram of alcohol per liter of alveolar air) commits a traffic violation. Above 0.34 mg/l it is a traffic crime.
The report “Dry Law in Brazil: overview of the last 15 years”, with a portrait of non-compliance with article 165 of the CTB (Brazilian Traffic Code), will be presented this Monday afternoon (25) at the Ministry of Transport, in Brasília .
The document outlines the profile of drivers who are alcohol offenders, the states and capitals with the most occurrences, and when these drunk drivers end up caught. It also points out problems in monitoring and data integration.
The research, carried out by Senatran itself, crossed data from DataSUS and Renainf (National Registry of Traffic Infractions).
With the information, the secretariat plans to set up a working group and encourage inspection with Detrans (Traffic Departments) in the states.
“The analysis is very in-depth in relation to what we need to do to improve”, says Adrualdo de Lima Catão, national secretary of Traffic.
The document shows a gradual increase in the number of infractions since the law was implemented, with a decline from 2015 to 2017.
The peak of flagrant incidents occurred in 2019 —the year immediately before the start of the Covid-19 pandemic—, when around 130,000 fines were registered in the country.
Although records have grown again, they are still below the previous mark — in 2022 there were 108 thousand infractions.
“It’s a worrying fact. We need to intensify (inspection) operations, which were done well before the pandemic”, says Catão.
Friday, Saturday and Sunday are the days of the week with the biggest incidents — almost 60% of the total. According to the document, the reason is the profile of Prohibition operations, more concentrated on weekends, when there is a greater relationship between people and alcohol consumption.
“Despite the greater probability of non-compliance on these days, it is a fact that commercial establishments remain open on other days and, certainly, there are drivers who take advantage of the relaxation of inspection actions to drink alcohol and drive a vehicle”, says the document.
Around 70% of alcohol violations are found between 6pm and 6am the following day, with a peak between 11pm and midnight.
“We need to think about more responsive inspection and not just focus on checkpoints with an overt model that await the driver”, says secretary Catão to Folha.
According to the research, 30% of infractions are committed by drivers aged between 30 and 40 years old — this is the main age group.
The general average is for drivers who obtained their CNH (National Driving License) 16.4 years ago.
In total, 80% of those mentioned were men. And 91.3% of the people caught were owners of the vehicles.
“Certainly, there is a strong social and economic component to this situation, mainly because it concerns vehicle owners,” says the report.
According to the data, there are 1,840 records whose nationality of the offender is foreign. Another 450 refer to naturalized Brazilians and 35 to Brazilians born abroad.
In the incidents, 78% of drivers were driving cars, followed by motorcycles and cargo vehicles. In its analysis, due to the disparity in data, the document highlights the need to discuss the inspection of professional drivers, including those who drive on roads and in rural areas.
Of the 5,570 Brazilian cities, 5,027 had incidents. “In other words, only 9.8% of Brazilian municipalities did not record any violation of the Dry Law in the last 15 years”, points out the report
The states of Minas Gerais, São Paulo and Paraná lead, respectively, the ranking of Federation units with the highest number of records and represent more than 40% of the country’s Dry Law violations.
Belo Horizonte was the capital with the highest number of fines, followed by Brasília, São Paulo and Rio de Janeiro.
Salinópolis, a tourist city of 45 thousand inhabitants in Pará, was the municipality in the country with the most infractions in these 15 years, apart from the capitals, with 5,644 cases of Prohibition. It surpasses Fortaleza (CE), for example, with around 4,000 records.
The Federal Highway Police is the body with the highest number of fines.
For Flávio Emir Adura, scientific director of Abramet (Brazilian Association of Traffic Medicine), who praises the law, inspection measures need to be intensified, and risk awareness campaigns must be constant.
The report highlights the need to integrate databases with the use of more robust information analysis tools and calls for discussion on the need for a national inspection records base.
“The greater integration of Senatran with the assessment bodies, especially Detrans, is fundamental”, he states.
The text also says that the data may point to low assertiveness and capacity to monitor the Dry Law, in addition to citing problems in the data on vehicles driven by people who have been drinking.
“Information on the vehicles actually inspected would make it possible to better assess inspection capacity and behavioral change.”
The report suggests the creation of a permanent panel to monitor the Dry Law in Brazil and that the legislation should be seen as a priority for action by traffic managers.
Among others, recalls Abramet’s scientific director, alcohol reduces attention, assessment capacity and exposes the driver to risks.
“The driver (under the influence of alcohol) drives without realizing the speed, the obstacles, the safe distance to overtake and has no ability to control the vehicle, even in a straight line.”
PUNISHMENTS FOR THOSE WHO DRINK AND DRIVE
Article 165 of the CTB (driving under the influence of alcohol or any other psychoactive substance that determines dependence)
- Very serious infraction
- Fine value of R$2,934.70 (if caught driving drunk more than once in a 12-month period, the amount doubles to R$5,869.40)
- Aggregate administrative sanction —suspension of the right to drive for 12 months (after the initiation of an administrative proceeding by the Detran Qualification Directorate with the right to full defense and contradictory proceedings)
Amount of alcohol and consequences
- Up to 0.04 mg/l (milligram of alcohol per liter of alveolar air) — there is no traffic violation.
- Between 0.05 mg/l and 0.33 mg/l — traffic violation under article 165 of the Brazilian Traffic Code (CTB)
- Equal to or greater than 0.34 mg/l – crime of article 306 of the CTB (Art. 306. Driving a motor vehicle with altered psychomotor capacity due to the influence of alcohol or another psychoactive substance that determines dependence – Penalties – detention, six months to three years, fine and suspension or prohibition from obtaining a permit or license to drive a motor vehicle)
In case of refusal to take the test, the consequences are the same (the article changes from 165 to 165-A of the CTB)
- Very serious infraction
- Refusal, but no other or just a sign of altered psychomotor capacity: fine of R$ 2,934.70 and suspension of the right to drive for 12 months
- Refusal and at least two other signs of altered psychomotor capacity: fine, suspension of the right to drive for 12 months and detention from 6 months to 3 years
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