THE REFUSE TO THE SECOND ALCOHOLIC TEST CONSTITUTES A CRIME

  The Plenum of the Second Chamber of the Supreme Court has established, in Judgment No. 210/2017 of March 28, that it is considered an offense established in article 383 of the Criminal Code refusal to submit to the second alcohol test even if he had proven positive in the first test and he also had been convicted for driving under the effects of alcohol under article 379 of the same legal code, only with the verification of the rate of the first alcohol test. Through this ruling, a doctrine has been unified by corroborating the offense to the refusal of the second blood alcohol test, as well as being the first judicial decision, since the reform of the Criminal Law Procedure of 2015, which is being debated before the Supreme Court on the punishment or not of a matter considered as a misdemeanor (imprisonment of less than 5 years).