DUI? Arrests in Mexico for DUI or DWI, such as cannabis or cocaine, are considered serious offenses and can result in immediate imprisonment.
However, it’s important to note that Mexican law imposes harsher legal consequences for those caught driving under the influence for a second time. Additionally, if you were involved in an accident that resulted in the death of a person or caused serious injuries, you could face significant prison sentences for these actions.
Another crucial point to consider is that if the police find drugs in your vehicle during an inspection, you may also face charges for drug possession and, if proven by the prosecutor, drug trafficking.
In this article, we will explain the three most severe charges related to these criminal behaviors and how to address them if you find yourself involved.
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1.Penalties for DUI Charges Without Causing a Traffic Accident or Hit-and-Run
If you are arrested for driving under the influence of alcohol, you will not face criminal penalties if it is your first offense in Mexican territory. In this case, you will only need to pay the fine set by the county, which is approximately $500 USD.
However, if you are arrested a second time within a 3-year period from your first DUI arrest, you could face penalties ranging from 6 months to 3 years in prison.
This is stated in Article 255 of the Criminal Code in the state of Baja California, where Tijuana is located:
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“Article 255 – Offense and Punishment:
Anyone who drives a motor vehicle while intoxicated or under the influence of narcotics, psychotropic substances, or other substances that impair or disrupt proper driving will not be punished for a first offense, provided no harm has been caused to persons or property. However, the arresting authority will present the individual to the Municipal Administrative Authority (county) designated by regulations, which will create a record to establish a precedent.
The individual will be formally warned that if they repeat this behavior within three years, they will be referred to the judicial authority. If found guilty, in addition to the penalty provided in the final paragraph of this article, they will be subjected to the security measure of treatment for dependency on alcoholic beverages, narcotics, and psychotropic substances, in accordance with Articles 55, Section II, and 60 of this Code.
When damage is caused to persons and/or property, a prison sentence of six months to three years will be imposed, along with a fine ranging from fifty to five hundred times the daily value of the Unidad de Medida y Actualización (Unit of Measurement and Update) and a suspension of up to one year of the right to drive motor vehicles. The same penalty will apply to anyone who, within the specified period starting from the warning, engages in the same conduct described in the first paragraph of this article.”
2.Driving Under the Influence of Drugs or Alcohol and Being Arrested at Customs When Entering Mexico.
If you are arrested upon entering Mexico from the United States by customs agents and it is determined that you are under the influence of alcohol or any type of drug, the penalties outlined in point number one of this article will apply. It’s important to note that authorities typically consider you under the influence of alcohol if you have consumed three or more beers or any type of alcoholic beverage. Similarly, drug consumption will be confirmed if you have taken even a single dose of any drug, such as cannabis, fentanyl, cocaine, or other commonly used substances.
The more serious issue arises if you are found with drugs in your vehicle. This will be considered drug smuggling into Mexican territory, which carries penalties of 10 to 25 years in prison. Customs officers have the right and obligation to inspect your vehicle, and if they find drugs like those mentioned, you could face imprisonment for the previously stated duration.
The Criminal Penal Code establishes the following regarding drug smuggling:
II. Introduces or extracts from the country any of the narcotics listed in the previous article, even if temporarily or in transit.
If the introduction or extraction referred to in this section is not completed, but it is clear from the actions taken that this was the agent’s intention, the applicable penalty will be up to two-thirds of the sentence specified in this article.”
3. Penalties for Driving Under the Influence of Drugs or Alcohol and Causing Death in a Traffic Accident
If you drive under the influence of drugs or alcohol within Mexican territory and, as a result of a traffic accident, cause the death of another person, this is considered a serious crime. However, Mexican criminal law allows you to reach agreements with the victim in order to settle the case and regain your freedom. Typically, these cases in Mexico are resolved by paying for the damages caused to the vehicles and covering the costs associated with the death of a person, which amounts to around $30,000 dollars, plus approximately another $5,000 dollars for funeral expenses.
If an agreement with the victim is not reached, the prosecutor may seek to declare you guilty of this crime. If you accept responsibility, you may be granted release under the benefits provided by Mexican law, by paying the $35,000 previously mentioned for the costs related to the death of a person.
This is what criminal law establishes in the case of death caused by driving under the influence of drugs or alcohol.
“Article 75 – Punishment for Reckless Crimes
Reckless crimes will be punished with imprisonment from three days to five years, a fine of up to three hundred days, and suspension for up to five years or permanent loss of the right to practice a profession or trade. When, as a result of the reckless behavior of employees from passenger or freight transportation companies, public service providers, or those authorized by competent authorities, a homicide occurs, the penalty will be from two to eight years of imprisonment, a fine of up to three hundred days, dismissal from employment, position, or commission, and disqualification from obtaining similar positions.
When, due to recklessness and as a result of vehicle traffic, a homicide is committed, and the responsible party is driving under the influence of alcohol or drugs (including narcotics, psychotropic substances, or other impairing substances), or uses a communication device that hinders or disrupts their proper driving, the penalty will be from three to eight years in prison and a fine of up to five hundred days.
When the reckless crime occurs due to vehicle traffic, the judge or trial court may impose a penalty of suspension for up to five years or permanent loss of the right to obtain a license to drive motor vehicles.”
The Mexican criminal process explained in English
