Embriaguez Ao Volante - Concurso Público (art. 306 do CTB)

Discover the best preparatory course for the PRF (Federal Highway Police): 🚨 https://quebrandoasbancas.com/extensi... ================================================ ▶︎ When is drunk driving a crime and when is it just a traffic violation? ▶︎Even if you refuse to take a breathalyzer test, can they arrest you? ▶︎And if you are riding a bicycle while drunk, can you commit a crime as well? ▶︎Does the crime of drunk driving admit attempted commission? All these questions will be answered now. Let's go: Driving while drunk is a crime of abstract danger (and pay attention to this because it may appear on the exam). The danger is presumed (this is the majority understanding). Therefore, even if you are driving "correctly on the road," without doing anything wrong, if you are caught and an alcohol level is detected, you will be held responsible. Depending on the alcohol level, you will face administrative penalties only, or criminal penalties as well, which could include imprisonment. If the result of the breathalyzer test is up to 0.04 milligrams of alcohol per liter of air exhaled from the lungs (i.e., the breath into the device), the law considers this equivalent to zero, as it is within the device's margin of error (CONTRAN resolution 432). If the result is above 0.04 up to 0.33, then you will commit a traffic violation, article 165 of the CTB (fine + suspension of the right to drive for 12 months). If the result is above 0.33, then you will be held responsible for the traffic violation and the traffic crime, being arrested on the spot. ▶︎ Are you required to take a breathalyzer test? No, it's not mandatory. However, if you refuse, you will be cited under Article 165-A of the Brazilian Traffic Code (CTB) for refusing to take the test, and your driver's license will be suspended. Furthermore, you will have to call someone else to remove the vehicle from the scene, or the car will be towed. ▶︎Can a person with visible signs of intoxication also refuse to take a breathalyzer test? Yes... They can refuse. However, in this case, in addition to the administrative infraction (fine), they will also be arrested and face criminal charges. The police officer will issue a report confirming intoxication, which will serve as proof that the person is intoxicated, in addition to video footage and other admissible evidence under the law (see CONTRAN Resolution 432). ▶︎Is the crime of attempted drunk driving possible? In practice, it will be very difficult to prove someone attempting to drive a vehicle under the influence of psychoactive substances. This is a theoretical question. According to legal doctrine, there are two interpretations. Some believe that the crime in question (article 306 of the Brazilian Traffic Code - CTB) is a single-act crime, meaning it is consummated with a single act. According to this view, the subject cannot be held liable for attempted crime. A second view, which seems to prevail in legal doctrine, considers driving under the influence to be a multi-act crime, as it can be divided into several acts. Therefore, if the subject begins the act of driving, such as starting the car, but is prevented from accelerating by circumstances beyond their control, this would constitute an attempt at the crime described in article 306 of the CTB. ▶︎And if you are caught driving a bicycle or a cart while drunk on a public road, do you commit a crime? In this case, you will not commit a crime, but you may be liable for a misdemeanor if you endanger the safety of others: Article 34. Driving vehicles on public roads, or vessels in public waters, endangering the safety of others: Penalty – simple imprisonment, from fifteen days to three months, or a fine, from three hundred thousand réis to two contos de réis. ================================================ Our Networks: INSTAGRAM:   / qb_concursos     / luis_krieger     / professorfrancormatias     / anaflaviamleite     / delgabrielborges     / morganadifa     / vurbani     / jeferson_qb   TELEGRAM: https://t.me/QbPRF FACEBOOK:   / quebrandoasbancas   WEBSITE: https://quebrandoasbancas.com PORTAL: https://www.portalqb.com.br/ Want to talk to our team? https://wa.me/555199674209 #psychoactive substances