
In recent legislative sessions, El Salvador has taken unprecedented steps to combat the dangerous and often life-threatening act of drinking and driving. With the approval of a reform to Article 147-E of the Penal Code, any detectable level of alcohol in a driver’s system now constitutes the crime of “conducción peligrosa” or dangerous driving.
The implications of this policy are severe: a single beer could result in incarceration for up to five years, marking a dramatic shift in how the country handles alcohol-related traffic offenses.
This zero-tolerance approach is part of a broader effort by Salvadoran lawmakers to enhance road safety and reduce traffic-related fatalities, which remain alarmingly high.
As reported by the Observatorio Nacional de Seguridad Vial, over 19,677 accidents, 11,558 injuries, and 1,252 deaths occurred from January 1 to December 19, underscoring the critical need for stringent enforcement measures.
Penalties for Dangerous Driving
Under the newly reformed regulations, the penalties are substantial:
- For common vehicles, driving under the influence can result in 2 to 5 years of imprisonment.
- For commercial and public transport drivers, these sentences range from 5 to 10 years.
- Should dangerous driving result in a fatality, the penalties escalate to a maximum of 10 years for common vehicles and up to 15 years for commercial vehicles.
Additionally, the revamped traffic laws have broadened the scope of enforcement through the introduction of mandatory toxicological assessments, empowering transportation officials to administer tests via blood or breath samples at their discretion.
Positive results, irrespective of the concentration, will incur severe fines and potential detention, with cases forwarded to the FiscalÃa General de la República for prosecution.
Next, a video from one of the local news broadcasts. The news came out shortly after these changes to the traffic law were approved. You can turn on the subtitles and select English as the language.
After watching the previous video, we now present another one (from a different local news outlet).
The difference is that this video was published a few days before the changes to the law were approved (since there are changes in the law that are discussed and studied beforehand, not just approved). This is to show what the local news was saying about this topic before it was approved.
It is also important to highlight that the law applies not only to alcohol but also to other types of drugs.
To provide greater context, it is worth mentioning that this modification to the penalties for dangerous driving was made a few days before the end-of-year festivities (December 2024), one of the months, or perhaps the month, with the highest number of drivers under the influence of alcohol.
Besides the news videos, we also want to show another video demonstrating how the alcohol test is conducted. A person who hasn’t been drinking has no reason to refuse the test. They simply take it, prove they have no alcohol in their blood, and move on.
Criticism of the Deputies
Yet, as comprehensive and robust as these reforms are, a critical flaw weakens their foundation: the exclusion of the deputies of the Legislative Assembly from the same accountability. In a move that many perceive as self-serving, the deputies retain their parliamentary immunity, known as “fuero,” shielding them from the laws’ consequences they have imposed on their constituents.
This decision not only raises concerns about fairness and equality before the law but also damages the legislators’ reputation among many Salvadorans due to their choice to exclude themselves from this law. It paints a picture of a government that enforces strict rules without submitting to the same legal scrutiny, questioning their commitment to justice and transparency.
While the intended purpose of these laws is to protect lives and promote responsible driving, their uneven application undermines their ethical standing. As deputies pass these laws with one hand while exempting themselves with the other, they exacerbate existing distrust in the political system, highlighting a disparity between lawmakers and the laws they enact.
For tourists and residents alike, understanding these stringent regulations is crucial. El Salvador’s resolute stance on drinking and driving demands awareness and adherence to ensure personal safety and compliance with the law.
How DUI Sentences Are Enforced
With this new legal reforms, driving under the influence leads to stricter penalties. Convictions for dangerous driving can result in prison sentences; however, if no injuries or fatalities occur, sentences of up to three years can be substituted with public service.
Testing positive at a DUI checkpoint results in a $150 fine, detention (that is, the person will be handcuffed and taken to the holding cells to begin the legal process), and a one-year suspension of the driver’s license.
Sources: https://www.asamblea.gob.sv/node/13439, https://www.elsalvador.com/noticias/nacional/asamblea-aprueba-conduccion-peligrosa-en-cualquier-nivel-de-alcohol/1188934/2024/, https://diario.elmundo.sv/politica/unanime-asamblea-aprueba-que-todo-nivel-de-alcohol-se-considere-delito-de-conduccion-peligrosa, https://diarioelsalvador.com/dos-conductores-peligrosos-reciben-condenas/614319/