The amendments to the dry law and the constitutionality of art. 165-a

This study aims to analyze the constitutionality of the article 165-A of law 9503/97, the Brazilian Transit Code. It applies sanctions to those who refuse to carry out the breathalyzer test, analyzing whether the penalty applied motivated by the driver's refusal doesn’t violate constitutional principles, such as nemo tenetur detegere, principle of non-self-incrimination. The paper performs a study on the offender's responsibilities in light of guilt or intent and its variants “dollus eventualis” or the “conscient guilt” explaining the concept of each one. Describingwhich sanctions are attributable to drivers who are caught driving under the effect ofalcohol or psychoactive substances that determine dependence