NEW GUIDELINES FOR BLOOD ALCOHOL TESTING IN BOLIVIA
PORTABLE BREATHALYZERS BANNED IN TRAFFIC CHECKPOINTS
As of April 4, 2024, portable alcohol detection devices—commonly referred to as breathalyzers or alcohol sensors—can no longer be used on the streets or at mobile checkpoints in Bolivia. This decision aims to eliminate practices that may undermine institutional credibility or violate current legal procedures.
LEGAL PROCEDURE FOR INTOXICATED DRIVERS IN BOLIVIA
BOLIVIAN LAW ON ALCOHOL TESTING: WHAT YOU NEED TO KNOW
According to Bolivian law, alcohol tests for suspected intoxicated drivers must not be carried out at the scene. Regulations issued by the Executive Branch establish that:
- Police officers must transfer the driver to the nearest official station if there is reasonable suspicion of alcohol consumption.
- Breath tests can only be conducted at police facilities, using certified equipment operated by authorized personnel.
- Refusal to take the test is treated the same as a positive result, triggering the corresponding penalties.
The legal threshold for determining intoxication is set at 0.50 grams of alcohol per 1000 ml of blood, or its equivalent in milligrams per liter of exhaled air.
LEGAL STEPS FOR PENALIZING INTOXICATED DRIVERS IN BOLIVIA
When an offense is detected, the law requires:
- Detailed registration of the offender, including personal details, national ID number, and place of birth.
- Formal entry of the case into the National Registry of Alcohol-Related Offenses, which legally supports any sanctions imposed.
This ensures that every sanction for drunk driving is backed by a formal, documented, and supervised procedure. The system is designed to safeguard citizens’ rights and prevent arbitrary or abusive actions by law enforcement.
CONSEQUENCES OF THE NEW ALCOHOL TESTING LAW IN BOLIVIA
The ban on portable breathalyzers in public spaces does not imply reduced enforcement. On the contrary, it enhances the transparency and legality of DUI controls. Drivers should be aware that:
- Refusing to take the test at an official police station has legal consequences.
- Police inspections will remain strict, but now follow clear and auditable institutional protocols.
Meanwhile, traffic authorities must ensure all alcohol testing procedures are properly conducted, avoiding informal practices that could be deemed null or unlawful.
If you have been involved in a DUI procedure in Bolivia and need legal guidance, our law firm offers expert assistance to ensure your defense aligns with current regulations. Contact us today for tailored legal advice and to safeguard your rights in any irregular situation.
Frequently Asked Questions (FAQs)
Can a driver refuse to take a breathalyzer test?
No. Refusal is treated the same as a positive result and carries the same penalties.
Where must the breathalyzer test be conducted according to the new regulation?
Only at official Traffic Department facilities, and only by authorized personnel.
Is the use of breathalyzers completely banned?
No. Their use is banned in public or mobile settings but is permitted within official Traffic Department offices.
What happens if a police officer uses a breathalyzer during a street operation?
The procedure may be deemed invalid, and the officer may face administrative sanctions.
What is the legal alcohol limit in Bolivia?
The maximum permitted level is 0.50 grams per 1000 ml of blood or its equivalent in exhaled air.
- Supreme Decree 1347, Regulation on the procedure for blood alcohol testing.
- Circular from the General Command of the Bolivian Police, April 4, 2024.
- Political Constitution of the Plurinational State of Bolivia.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
