2023 Laws of Puerto Rico › TITLE NINE - Highways and Traffic (§§ 1-8 — 5725) › Chapter 27 - Vehicle and Traffic Law (2000) › Subchapter VI - Driving Motor Vehicles Under the Influence of Alcoholic Beverages, Drugs or Controlled Substances (§§ 5201 — 5210) › § 5204 - Penalties

(a) Any person who violates the provisions of §§ 5201, 5202 and 5203 of this title shall incur a misdemeanor. Any duly authorized law enforcement agent or official who intervenes with any person who violates the provisions listed in this subsection shall issue a summons to a hearing to determine probable cause for arrest and shall not allow the person in question to continue driving, and shall conduct said person to the nearest police station, where he/she shall remain until the alcohol level in his/her blood is below the minimum allowed by law or is no longer under the effects of any narcotic drug, marihuana, stimulant or depressing substance, or any other chemical or controlled substance.
(b) If the blood alcohol concentration or level is eight hundredths of one percent (0.08%) or higher; or two hundredths of one percent (0.02%) or higher in the case of individuals who are between eighteen (18) and twenty (20) years of age, inclusive; truck, motorcycle, school bus, heavy public service vehicle, and heavy motor vehicle drivers, or any blood alcohol concentration whatsoever, in the case of individuals younger than eighteen (18) years of age, and such individual is convicted of violating the provisions of §§ 5201, 5202 o 5203 of this title, in addition to the driver’s license suspension, pursuant to the provisions of § 2516 of Title 24, known as the “Puerto Rico Controlled Substances Act”, he/she shall be punished as provided below:
(1) For the first violation, by a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500), plus fifty dollars ($50) for every hundredth of one percent in excess of the blood alcohol concentration limit established by law and the penalty of restitution, if applicable, as well as compulsory attendance to a duly-certified orientation program established for such cases by the Department, in conjunction with the Mental Health and Anti-Addiction Services Administration. Furthermore, the license of said person shall be suspended for a term that shall not exceed thirty (30) days, and if the person fails to comply with the conditions of the judgment and rehabilitation imposed, he/she shall be imposed a penalty of imprisonment ranging from five (5) to fifteen (15) days.
(2) For the second conviction, by a fine of not less than five hundred dollars ($500) nor more than seven hundred fifty dollars ($750), plus fifty dollars ($50) for every hundredth of one percent in excess of the blood alcohol concentration limit established by law and imprisonment for a term ranging from fifteen (15) to thirty (30) days, and the penalty of restitution, if applicable. Furthermore, the driver’s license of said person shall be suspended for a term of one (1) year or a combined punishment consisting of, at least, the following restrictions:
Furthermore, in the case of convictions due to blood alcohol concentration, the driver’s license shall be suspended for a period of not less than one (1) year or a combined penalty shall be imposed consisting of, at least, the following restrictions:
(A) All privileges granted to operate motor vehicles and trailers shall be suspended for the first forty-five (45) days of the suspension period, followed by limited restitution of such privileges for purposes of driving to and from work, for educational purposes, or for attending an alcohol abuse program; provided, that an ignition interlock device is installed in every motor vehicle owned by the offender and/or operated by him/her;
(B) undergo screening to determine the extent of the person’s alcohol problem and be referred to receive treatment therefor, as appropriate;
(C) and receive, in the case of a second conviction, an order for community service for a period of not less than thirty (30) days and, in the case of a third or subsequent conviction, receive an order for community service for not less than sixty (60) days.
In cases where the court allows the use of an ignition interlock device, the person must meet the following conditions:
(aa) Must only operate the vehicle(s) where the device is installed.
(bb) Shall assume the cost of acquiring and installing the device, as well as the maintenance thereof, and submit evidence of such installation to the court no later than five (5) days after sentencing.
(3) For the third and subsequent convictions, by a fine of not less than two thousand dollars ($2,000) nor more than two thousand five hundred dollars ($2,500), plus fifty dollars ($50) for every hundredth of one percent in excess of the blood alcohol concentration limit established by law and imprisonment for a term of not less than sixty (60) days or more than six (6) months, and the penalty of restitution, if applicable. Furthermore, the license of said individual shall be suspended indefinitely.
(4) On a second and subsequent convictions, the court shall also order the seizing of the motor vehicle operated by the offender under the influence of alcohol or a controlled substance at the time of the intervention, pursuant to Act No. 93 of July 13, 1988, as amended, known as the “Uniform Seizures Act,” if said vehicle is registered in the Registry of Motor Vehicles under the name of the offender and the prior conviction was adjudicated within the period of five (5) years prior to the date of the new conviction. The allegation of recurrence does not have to be alleged by the prosecution in the complaint. Said allegation shall be attested in the presentencing report.
(5) After five (5) years have elapsed from the date of a conviction under the provisions of this section it shall not be taken into consideration in the event of subsequent convictions. To enable the court to impose penalties for recurrence established in this section, it shall not be necessary that an allegation of recurrence be made in the complaint or the accusation. It shall be sufficient to establish the fact of recurrence through the presentencing report or through a criminal record certificate.
(c) Any person convicted of violating the provisions of §§ 5201 a 5203 of this title, who was also driving the motor vehicle in the company of a minor fifteen (15) years of age or less or a pregnant woman shall be punished by a fine of five hundred dollars ($500), plus fifty dollars ($50) for every hundredth of one percent in excess of the blood alcohol concentration limit established by law and forty-eight (48) hours of imprisonment. The Secretary shall prescribe by regulations all matters pertaining to the process of the seizure of motor vehicles established in subsection (b)(4) of this section, including the necessary exceptions to avoid penalizing an individual who depends completely on said motor vehicle for his/her needs, including any member of the family unit of the individual convicted, or any co-owner of the vehicle, provided said individual is not the convicted person.
(d) Any convicted driver or person authorized by him/her, who attempts to alter, disable, circumvent, or interfere in any way with the ignition interlock device, anyone who alters, attempts to disable, or interfere in any form without the official permission to do so, anyone offering this device for sale, installation, or service without proper authorization; if any driver subject to this provision operates a vehicle without this system, or if anyone helps the offender to alter, disable, circumvent, or interfere in any way with the ignition interlock device, shall be guilty of a fourth grade felony and imposed a fine of five hundred dollars ($500).
(e) If a person is convicted of violating the provisions of §§ 5201, 5202 or 5203 of this title, in addition to the aforementioned penalties, he/she shall be imposed, as a special penalty, the payment of the costs of the chemical and/or physical tests provided in § 5209 of this title, which are administered to him/her by the Puerto Rico Police Department and/or the Department of Health. The costs of such chemical or physical tests shall be determined by the agency that administered the same. The agency shall have the duty to inform the cost of the test to the Department of Justice through the office of the District Attorney where the facts took place.
History —Jan. 7, 2000, No. 22, § 7.04; Oct. 9, 2000, No. 414, § 19; June 3, 2004, No. 132, § 7; Aug. 10, 2007, No. 107, § 5; Dec. 22, 2009, No. 192, § 2; Mar. 16, 2011, No. 33, § 2; July 12, 2011, No. 118, § 1; Aug. 26, 2014, No. 144, § 1.