Q COSTARICA — Legislators have approved reforms to the Ley de Tránsito (Traffic Law) and the Código Penal (Penal Code) aimed at cracking down on drivers under the influence of illicit drugs. The legislation, passed in the second and final debate, marks a decisive step toward enhancing road safety and reducing traffic accidents linked to drug impairment.
Under the new rules, drivers caught operating vehicles while impaired by illegal substances face the same penalty as drivers driving under the influence of alcohol, sanctioned with a ¢363,000 colones fine (approximately US$740) and risk accumulating points on the driver’s license, immediate license suspension, and the potential for vehicle impoundment. Driving while intoxicated by drugs can also lead to immediate arrest and imprisonment. Sentences for serious cases or repeat offenders can range from 1 to 3 years or more.
This move closes a longstanding gap in the country’s traffic regulations, which until now primarily targeted alcohol-impaired driving, but drug-related offenses behind the wheel remained in a legal gray area.
Authorities hope the reforms will act as a strong deterrent to drug-impaired driving, which has been identified as a growing concern on Costa Rican roads. Recent studies and accident reports have highlighted the rising presence of illicit drugs as a factor in traffic incidents, prompting lawmakers to reinforce legal consequences.
The law also introduces stricter enforcement measures, including roadside drug testing and more frequent inspections by traffic police. These tools aim to improve detection rates and ensure that offenders are promptly identified and prosecuted.
Regarding the procedure for detecting drug use, officers will follow a specific protocol. First, they will administer a breathalyzer test, which is already in use. At this stage, drivers have the right to request a second test with a different device if they disagree with the result and to verify that the equipment is properly calibrated.
If a driver tests negative for alcohol, but the officer notices suspicious behavior such as acting strangely, having red eyes, speaking incoherently, or other abnormal conduct, they may request a saliva sample. This analysis will determine if the person is under the influence of any other illicit drugs.
It’s not against consumption, it’s against danger.
Legislator Horacio Alvarado, who presented the initiative, emphasized that the law does not seek to criminalize those who consume drugs, but rather to protect other drivers and pedestrians. The main objective is to remove from the roads those who, under the influence of substances, lose their reflexes and could cause a tragedy.
This legal change comes at a critical time, when traffic accidents continue to claim lives every week on the country’s roads.
Important notes for visitors driving in Costa Rica:
- These laws apply uniformly to both Costa Ricans, residents, and tourists.
- Insurance Forfeiture: If a driver is caught driving under the influence, most insurance policies—including those from rental companies won’t cover any damage or liability.
- Don’t try to bribe a traffic officer. If you get a traffic ticket, you should pay it at a state bank (Banco de Costa Rica or Banco Nacional, for example) or through your car rental company.
- Visitors can drive with their “home country” license for the duration of the legal stay (immigration stamp on passport) in Costa Rica.