Earlier this week, legislators at the National Assembly in Costa Rica found consensus on the first debate of the Transit Law makeover. For the most part, they expressed satisfaction with their work. Some legislators and analysts, however, are concerned that a couple of clauses therein may send them back to the drawing board.

When legislators introduced a proposal to revamp the Transit Law of Costa Rica a few years ago, they did not expect the sheer backlash of disapproval and legal challenges that the passing would bring about. Numerous claims of unreasonable fines and conflicting provisions were filed before Sala Cuarta (Constitutional Hall), and each resolution by the highest court in Costa Rica reduced the Transit Law to a shadow of its initial version.

Armed with the judicial resolutions by Sala Cuarta, the legislators got back to work on the dismantled Transit Law a couple of months ago. Their pace intensified in the last two weeks, and on Thursday they approved the new version with 37 affirmative votes. The two dissenting votes came from legislators Carlos Avendano and Claudio Monge. The former legislator is from the National Restoration Party, while the latter represents the Civil Action Party but mostly operates independently.

Controversy over Blood Alcohol Content

Mr. Avendano’s main opposition to the new Transit Law is that it attempts to classify Tico drivers as novice, experienced and expert. With regard to driving under the influence (DUI), novice and expert drivers would be allowed to drive as long as their blood alcohol content (BAC) levels are under 0.2 percent. Anything over that limit will result in a 280,000 fine (about $560), and a BAC higher than 0.5 percent could send novice and expert drivers to prison for three years, according to reports in Diario Extra and online newspaper El Pais.

Average drivers could drink and drive as long as their BAC levels are under 0.5 percent. Anything over that would result in the fine described above, and BAC levels higher than 0.75 percent would result in a three-year prison sentence.

Mr. Avendano had advocated a zero tolerance DUI policy, which was initially considered by twelve legislators but soon lost favor to the system of categorizing drivers. This is something that deeply worries Mr. Avendano, since he fears that such categorization leaves the new Transit Law open to run afoul of the Constitution of Costa Rica.

A second and final round of voting for the legislative proposal is scheduled for July, and at that point anyone in Costa Rica will be able to present a legal challenge in Constitutional Hall and effectively stall the new law.