P.R. Laws tit. 9, § 5202

2019-02-20 00:00:00+00
§ 5202. Driving vehicles or motor vehicles under the influence (of alcoholic beverages)

In any criminal procedure for violations of the provisions of § 5201 of this title, the level or concentration of alcohol in the blood of the driver at the time the alleged violation occurred, as such a level or concentration is shown by chemical or physical analysis of his blood, breath, or any other bodily substance, shall constitute grounds for the following:

(a) It shall be unlawful per se for any person of twenty-one (21) years of age or older, to drive or operate a motor vehicle when his/her blood alcohol content is eight hundredths of one percent (0.08%) or higher, as such a level or amount is shown by chemical or physical analysis of his/her blood or breath.

(b) In the case of persons between the ages of eighteen (18) and twenty (20), including truck, motorcycle, school bus, heavy motor vehicle, and/or all-terrain vehicle drivers, the preceding provision shall apply when the blood alcohol content of the driver is two (2) hundredths of one (1) percent (0.02%) or higher, as such a level or amount is shown by chemical or physical analysis of his blood or breath.

(c) It is illegal for any person less than eighteen (18) years of age to drive or operate a motor vehicle having any alcohol content in his/her blood, as determined by chemical analysis of his/her blood, or breath.

(d) It shall be unlawful for any public employee or official to drive or operate a motor vehicle property of the Commonwealth of Puerto Rico when the alcohol content in his/her blood is two hundredths of one percent (0.02% or more), as said alcohol concentration is shown by chemical or physical analysis of his/her blood or breath or any other substance of his/her body. Clauses (1), (2), (3), (4), and (5) of subsection (b) of § 5204 of this title shall apply to all those persons who fail to comply with the provisions set forth herein.

Every government agency, corporation, and instrumentality shall establish by regulations the administrative sanction or sanctions applicable to all those public employees or officials who fail to comply with the provisions of this subsection.

The provisions of the preceding subsections (a), (b), (c), and (d) shall not be construed as to limit the introduction of any other competent evidence as to whether the driver was or was not under the influence of alcoholic beverages at the time the alleged violation occurred.

History —Jan. 7, 2000, No. 22, § 7.02; June 3, 2004, No. 132, § 7; Dec. 14, 2006, No. 266, § 1; Aug. 10, 2007, No. 107, § 4; Dec. 22, 2009, No. 192, § 1; Nov. 11, 2013, No. 130, § 4.