Brazil: Courts determine only breathalyzer or blood tests can determine if driver is intoxicated

Posted on March 29, 2012 • Filed under: Brazil, Crime, Latin America Health, Social Issues

Prohibition in check. Decision of the Superior Court of Justice (STJ) in Brasilia, limits the powers of operation excluding use for medical or testimonial evidence against motorists stopped on blitzes. According to the text adopted yesterday by five votes to four, only the breathalyzer test and blood tests can attest to a drunk driver. The decision sparked controversy throughout the country, since, by law, no one can be compelled to give evidence against himself. What characterizes a driver if – even while visibly drunk – had to submit to testing. Read Article

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