What can I do if I am caught driving while intoxicated?
The Penal Code of Baja California establishes in its article 255 the sanctions that are carried out if one incurs in the assumption of driving while intoxicated:
´´ARTICLE 255.-Type and Punishment.- Whoever drives a motor vehicle while intoxicated, under the influence of narcotics, psychotropics or other substances that prevent or disturb their proper driving, will not be punished the first time when there is no caused damage to people or things, but the apprehending authority will present it to the Municipal Administrative Authority determined by the regulations, who will form a record to establish a precedent, formally warning him that if he incurs this conduct again within a period of two years, it will be consigned to the judicial authority.
In all cases, the Administrative Authority will send a certified copy of the records that make up the record in which the antecedent was formed, to the Public Ministry Agency. When damage is caused to people and / or things, they will be imprisoned from six months to three years, a fine of fifty to five hundred times the daily value of the Unit of Measurement and Update and suspension for up to one year of the right to drive vehicles motor.
The same penalty will be imposed on whoever, within the aforementioned period from the warning, incurs the same conduct provided for in the first paragraph of this article. ´´
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• What the previous article means is that if you are arrested for the first time while intoxicated, it would be an administrative offense in which it does not imply detention, but if you were arrested again within the next two years while intoxicated, you would already be committing a crime.
• If you find yourself driving while intoxicated and an accident occurs to a person, car or damage to the public highway, a prison term of 6 months to 3 years and a fine of 50 to 500 times the daily value of the UMA will be imposed. they can suspend your driver’s license for up to one year.
This is the process at some checkpoint with a breathalyzer:
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1. They will stop your car to ask if you drank alcohol
2. If they notice your alcohol state, they will tell you to stop to check yourself.
3. They will teach you that the device is new and that it has not been used
4. You will have to blow very hard to measure the alcohol in your blood
5. If you exceed 0.40 grams of alcohol per deciliter of blood, you will not be able to continue on your way, you will comply with an arrest of 22 to 36 hours in El Torito and your car will go to the corralón.
6. If someone who was with you is not taken, you can take the car.
You can take certain actions that will ensure your integrity, here are some tips:
1. If you are going to drink, driving is not an option. You have two soups, one is to tell responsible friend to be your designated driver, which means that he will stay sober so that he can drive properly after the meeting is over. The other option would be to order a taxi through an app to take you home. What’s more, if there is no need for you to return home, you could stay at the home of your family member or host friend and even enjoy a good breakfast the next day.
2. Don’t let someone drunk drive. If someone you know, be it a friend or family member, has been drinking her good drinks, do not under any circumstances allow her to get behind the wheel. Better apply one of the recommendations in point 1 and keep it safe.
3. Report drunkenness on the road. If when you are driving (sober, please) you see someone in a drunken state on your way, do not hesitate to dial * 911 to take care of the matter. You would not only be saving the life of that irresponsible driver but that of many other people.
The Mexican criminal process explained in English
