# Brazilian Senate Approves Stricter Penalties for Impaired Driving New legislation increases prison terms for alcohol and drug-related traffic offenses. - **Source:** [Poder360](https://www.poder360.com.br) - **Published:** 2026-11-11 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/f56c5659-5669-4365-8f02-909ef53de8f7 ## Legislative Approval Process The Senate Constitution and Justice Commission approved a bill on November 11, 2026, to increase penalties for impaired driving. The proposal, PL 4.668/2020, targets drivers under the influence of alcohol, psychoactive substances, or specific medications. The measure passed its first round of voting and now awaits a mandatory supplementary turn. ## Increased Prison Sentences Under the new text, vehicular manslaughter involving impairment will carry a prison sentence of 6 to 10 years, up from the current 5 to 8 years. For cases involving grave or very grave bodily injury, the penalty will rise from the current 2 to 5 years to a range of 3 to 6 years. ## Scope of Impairment The bill expands the definition of impairment to include medications that compromise driving ability. The National Traffic Council will be responsible for creating a list of these substances and medications, relying on technical parameters established by the National Health Surveillance Agency to ensure consistent enforcement and clear safety standards for all drivers. ## Enforcement and Testing The legislation authorizes authorities to subject drivers involved in traffic accidents or routine inspections to clinical exams, expert analysis, or other technical procedures. These methods are designed to verify if a driver is operating a vehicle under the influence of prohibited substances, ensuring that enforcement remains grounded in objective, scientific evidence. ## Exclusions and Amendments The rapporteur, Senator Professora Dorinha Seabra, rejected several proposed amendments, including mandatory flagrant arrests and the prohibition of bail for manslaughter cases. She also excluded provisions related to illegal street racing, known as 'rachas', and ensured that drivers are not legally obligated to produce evidence against themselves during these traffic investigations. ## Preventive Detention Stance The final approved text explicitly removes the possibility of preventive detention for culposo traffic crimes, which are offenses committed without the intent to kill or injure. The rapporteur deemed this measure inappropriate for such cases, opting to keep the focus on increasing prison terms rather than altering the existing Code of Criminal Procedure. ## Deterrence and Public Safety Senator Zequinha Marinho, the bill's author, argued that current penalties fail to prevent repeat offenses. By hardening the legislation, the Senate aims to create a stronger deterrent against those who drive while intoxicated, potentially reducing the number of irreparable damages caused to families across the country due to preventable traffic accidents. ## Future Regulatory Outlook As the bill moves toward final approval, the National Traffic Council must define specific procedures for fiscalization and tolerance limits. This regulatory framework will be critical in implementing the law effectively. The focus remains on balancing public safety needs with legal standards, ensuring that the new penalties are applied fairly and consistently. ## Sources covering this story - https://www.poder360.com.br/poder-seguranca-publica/senado-aprova-aumento-de-pena-para-crimes-de-transito-sob-efeito-de-alcool/ — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._