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Proposal under review expands penalties for drivers under the influence involved in serious accidents, with high fines, prolonged suspension of the driver’s license, and obligation to cover victims’ expenses, as well as indemnities proportional to the severity of the consequences.
A bill currently under consideration in the Chamber of Deputies proposes to expand the penalties applied to drivers caught under the influence of alcohol when there is a victim involved, significantly increasing the financial and administrative impact of the penalties.
According to the text presented, the penalty can reach R$ 29,347 and 10 years of suspension of the right to drive in cases where the incident results in death, provided that the driver’s direct responsibility in the event is proven.
Bill on drinking and driving
Presented by Deputy Gilvan Máximo, the PL 3.574/2024 proposes changes to the Brazilian Traffic Code with the aim of tightening the administrative response in situations involving driving under the influence of alcohol.
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Currently under review in the Committee on Transportation and Traffic, the matter, according to the most recent record, awaits a report from the rapporteur Marcos Tavares, a necessary step to advance through the other phases of processing within the Chamber.
Today, the current legislation already considers driving under the influence of alcohol a serious offense, providing for a fine multiplied by ten and suspension of the right to drive, in addition to other administrative measures applicable to the cited driver.
With the base value of the serious offense set at R$ 293.47, the penalty currently applied reaches R$ 2,934.70, which can be aggravated in cases of recidivism, according to rules already established in the Brazilian Traffic Code itself.
What changes in fines and suspension of the driver’s license
By introducing a specific aggravation for cases with victims, the bill creates a clear differentiation between the common offense and situations where there are more severe consequences, such as death or permanent disability resulting from the incident.
When there is a victim’s death, the proposal establishes a fine equivalent to 100 times the value of the serious offense, which, considering current parameters, results in a total penalty of R$ 29,347 applied to the responsible driver.
In addition to the high fine, the text stipulates that the driver is prohibited from driving for 10 years, significantly extending the suspension period compared to the rules currently in force for this type of offense.
In cases where the accident results in permanent disability, the proposal sets a fine corresponding to 50 times the value of the serious offense, reaching a total of R$ 14,673.50 based on current values.
In this situation, the suspension period of the right to drive would be five years, establishing a gradation of penalties proportional to the severity of the consequences caused to the victim involved in the incident.
In addition to administrative sanctions, the text adds a set of financial obligations to the responsible driver, expanding the scope of penalties beyond the fine and suspension of the driver’s license.
Among these measures is the requirement that the driver cover all hospital expenses of the victim, regardless of the time necessary for treatment or recovery after the accident.
There is also a provision for the obligation to pay indemnity of up to ten times the value of the fine for serious offenses, considering the period during which the victim remains incapacitated to perform their usual activities.
If the responsible party does not have sufficient assets to cover these costs, the bill provides for the possibility of setting a pension equivalent to 30% of the defendant’s income, as a way to ensure continuous compensation.
Processing of PL 3.574/2024 in the Chamber
Since it was presented, the bill has been forwarded for analysis by the Committees on Transportation and Traffic and on Constitution, Justice, and Citizenship, following the ordinary procedure provided for this type of proposal.
With conclusive processing in the committees, the text can advance without the need for a plenary vote, as long as there is no appeal, which accelerates the legislative process compared to other proposals.
In March 2025, Deputy Marcos Tavares was appointed as the rapporteur in the thematic committee, being responsible for analyzing the content and presenting a report on the proposal.
With the deadline for presenting amendments closed, there were no formal suggestions for changes to the text, which keeps the original wording as the basis for legislative analysis in the subsequent stages.
In parallel, another proposal related to the same topic began to be processed jointly with the main project, broadening the scope of the debate within the committee responsible for the analysis.
This is Bill 858/2025, which provides for the definitive loss of driving rights for drivers caught under the influence of alcohol, and which was appended to the original text for joint processing.
Despite the repercussions and formal progress within the Chamber, the bill is not yet in force, depending on approval in both Houses of the National Congress and subsequent presidential sanction.
Project author’s justification
In the justification presented with the bill, the author argues that traffic violence continues to produce high numbers of victims, remaining one of the main challenges related to public safety in the country.
According to the text, “the number of deaths on Brazil’s streets and highways exceeds those recorded in recent armed conflicts and pandemics,” indicating the dimension of the problem highlighted by the parliamentarian.
Still according to the argument, there would be a perception of normalization of these episodes, which, in the author’s assessment, contributes to the persistence of risky behaviors among drivers.
In this context, the bill argues that a significant portion of serious accidents would be associated with alcohol consumption, which would justify the adoption of more rigorous measures to curb this type of conduct.
With this, the proposal seeks to increase both the severity of administrative penalties and the weight of financial consequences imposed on drivers held responsible for accidents involving victims.
By establishing more severe penalties for situations of greater gravity, the text aims to create a mechanism to discourage driving under the influence of alcohol, especially in scenarios with irreversible consequences.
The analysis of the bill in the committees should focus the debate on aspects such as the proportionality of penalties and the effectiveness of measures to reduce accidents and deaths in Brazilian traffic.
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