SANTOS, J. M. F.; http://lattes.cnpq.br/0823619426355651; SANTOS, Jullyan Matthew Fernandes dos.
Resumo:
Since its emergence in the 90s, the crime of drunk driving has suffered many
modifications until it became the way it is nowadays and a lot of controversy was
created around its conduct, specially regarding the necessity of the driver to undergo
an alcohol testing, the consequences from its negative result and the methods used
to assess drunkenness. Among the standards that have altered the type, we will
highlight the ones promoted by the Law 11.705/2008, known as the “Dry Law” and
the Law 12.760/2012, named the “New Dry Law”. This study, through bibliographic
technic, has brought together the most diverse interpretations and the recent
judgments on the controversy, as a result, there was no stablishment of a uniform
understanding regarding the doubts raised over the penalties in the administrative
and specially the criminal system. In this aspect, the study embraces the positioning
that takes into account the safe traffic without, however, violating the driver´s
constitutional rights, rejecting, thus, all conceptions, whether legal or doctrinal, which
deviates from this purpose