Drunk Driving (DUI) in Chile
Chile has near-zero tolerance for drinking and driving. For foreign drivers, one stop can mean a hearing, a court record and a travel ban.
What this involves
Driving under the influence is regulated by the Ley de Tránsito, Ley 18.290, as reinforced by Ley 20.580 (known as Tolerancia Cero) and Ley 20.770 (Ley Emilia). Chilean law distinguishes between driving under the influence of alcohol, which begins at a lower blood-alcohol level, and driving in a state of drunkenness, which starts at 0.8 grams per liter and carries the heavier penalties. Penalties can include fines, the suspension or cancellation of the driver's license and, particularly where someone is injured, prison.
Police can stop any driver, ask for a breath test and, if the result is positive or the driver refuses, arrest them. A person under arrest must be brought before a Juzgado de Garantía for a control-of-detention hearing, usually within 24 hours. This applies equally to tourists, expats and foreign business travellers, which is why speed in getting a lawyer matters.
What we handle
First hearing after arrest
Attending the control-of-detention and arguing for release without heavy conditions.
Conditional suspension
Where the law and the facts allow, negotiating a suspension of the proceeding with conditions that end the case without a conviction.
Test and procedure challenges
Reviewing how the breath test and blood sample were taken, the chain of custody and the legality of the stop.
License consequences
Addressing suspension or cancellation, including for holders of foreign licenses and international permits.
Accidents with injuries
Defense in the more serious cases, together with civil claims and insurance questions.
What changes if you are a foreigner
A foreign driver faces the same offenses and penalties, but practical risks are higher. The judge may decide that a visitor with no local roots is a flight risk and impose a ban on leaving the country, which can strand you in Chile for weeks. Your foreign license is not treated as a shield: the court's order on suspension or cancellation can affect your right to drive in Chile. A conviction can also appear in later visa or residence applications. We therefore push for measures that allow you to travel and for outcomes that avoid a conviction, where the facts permit.
Car-rental contracts and insurance policies often exclude damage caused while intoxicated, so we also advise on what to expect from the rental company and your insurer.
What to do, and not do, at the roadside
Be polite and carry your documents. You are entitled to a lawyer. Do not offer explanations or admissions about how much you drank before you have spoken to counsel, and do not try to resolve the matter with money, because attempting to bribe an officer is a separate offense. Ask for a copy of any document you are given and send us a photograph of it.
How we handle a DUI case for a visitor
Immediate contact
Message us as soon as you are arrested or released. We tell you what the first hearing will decide.
We appear in court
Our attorneys attend the hearings in Chile. For later stages, a power of attorney can allow us to act without you being present when the court agrees.
Closing the case
We aim to resolve the case so you can leave Chile and return later without an open file.
Drunk Driving (DUI) — common questions
What foreign drivers ask us most after an arrest.
What blood-alcohol level counts as drunk driving in Chile?
Will I go to jail as a first-time offender?
Can I leave Chile after being arrested?
Is my foreign driver's license affected?
Is refusing the breath test a good idea?
Talk to a Chilean criminal lawyer about a DUI arrest
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