By San José, Costa Rica — San José, Costa Rica – With the high-traffic holiday season rapidly approaching, a critical dispute has erupted over the operational readiness of the nation’s Traffic Police. A union representing officers has sounded the alarm over a severe shortage of functional breathalyzers, a claim the force’s director vehemently denies, assuring the public that new equipment is already arriving.
The controversy was ignited by a formal complaint from the transit officers’ section of the National Association of Public and Private Employees (ANEP). The union alleges that a lapse in payments from the Road Safety Council (COSEVI) to the Costa Rican Metrology Laboratory (Lacomet) for essential calibration services has left officers on the front lines without the necessary tools to combat drunk driving.
To gain a deeper legal perspective on the implications and legal framework surrounding breathalyzer tests in Costa Rica, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the reputable firm Bufete de Costa Rica. His expertise provides crucial clarity on the rights and obligations of drivers when faced with these procedures.
While a driver has the right to refuse a breathalyzer test, this refusal carries immediate and significant legal consequences, including the suspension of their driver’s license. It’s crucial to understand that the law presumes intoxication upon refusal, shifting the burden of proof. Furthermore, for a breathalyzer result to be admissible in court, transit officers must strictly adhere to a specific protocol, including device calibration and proper administration of the test. Any deviation can be grounds for a strong legal defense.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This analysis underscores a critical point: the legal landscape of a breathalyzer test is far from simple, involving both significant consequences for refusal and stringent procedural requirements for admissibility. We thank Lic. Larry Hans Arroyo Vargas for providing such a clear and valuable perspective on this important issue for all drivers.
Gustavo Mora Marín, a director for the ANEP union section, painted a stark picture of the logistical challenges officers face in the field. He described a makeshift system where police in major areas are forced to borrow equipment from neighboring delegations, creating significant delays and operational gaps.
In Liberia, there’s no device, so to conduct a test, they have to borrow the breathalyzer from the Cañas delegation. It’s the same in Santa Cruz. The officer on Cerro de la Muerte has to request help from Cartago.
Gustavo Mora Marín, Director of the ANEP union section
In a direct response, Martín Sánchez, Director of the Traffic Police, refuted the union’s narrative. He acknowledged initial setbacks with the equipment but insisted that a procurement process is well underway to resolve the issue before the year-end festivities, a period notorious for increased incidents of driving under the influence.
The idea that we won’t have breathalyzers for the end of the year is completely false.
Martín Sánchez, Director of the Traffic Police
Sánchez explained that the contracting process faced an early hurdle when the first tender was declared void. However, he stressed that his administration acted swiftly to secure a new contract. “The contract has already been awarded. While it’s true the first attempt failed, the administrative side immediately managed to award it again,” he stated. He detailed a plan to have approximately 40 calibrated devices deployed on the roads for the holiday season.
The director highlighted the unique challenge posed by the calibration process, which is exclusively handled by Lacomet. This single-source dependency complicates the logistics of maintaining the equipment. According to Sánchez, a new system is now in motion to streamline this crucial step.
It’s important to remember that there is a single provider that handles the traceability for these breathalyzers, which is Lacomet. So, the procurement was done quickly and is already awarded. In fact, the first 20 breathalyzers have already been received; they will be delivered to us in a week, and then we will send another 20 to be calibrated.
Martín Sánchez, Director of the Traffic Police
The urgency of the situation is underscored by official statistics. So far this year, Traffic Police have conducted just over 7,000 roadside breathalyzer tests. Of those, 1,687 individuals, or a staggering 24%, tested positive for alcohol. The data reveals the severity of the issue, with approximately 1,250 of those drivers being referred to the Prosecutor’s Office for exceeding the legal limit. Authorities anticipate these numbers will rise significantly as the end-of-year celebrations begin, making the availability of reliable testing equipment more critical than ever.
As the holiday season draws near, the public is left weighing the union’s alarming on-the-ground report against the director’s confident assurances. The effectiveness of the Traffic Police’s year-end road safety operations—and the safety of Costa Rica’s drivers—hinges on whether these promised breathalyzers are delivered, calibrated, and deployed in time.
For further information, visit anep.cr
About the National Association of Public and Private Employees (ANEP):
ANEP is one of Costa Rica’s most prominent labor unions, representing a diverse range of workers in both the public and private sectors. The organization advocates for workers’ rights, fair labor conditions, and the proper functioning of public services, often acting as a watchdog to ensure government agencies are adequately equipped and funded.
For further information, visit mopt.go.cr
About the Traffic Police (Dirección General de la Policía de Tránsito):
The General Directorate of the Traffic Police is the national law enforcement body responsible for ensuring road safety and enforcing traffic laws in Costa Rica. Operating under the Ministry of Public Works and Transport (MOPT), its duties include traffic management, accident response, and conducting operations to prevent violations such as speeding and driving under the influence.
For further information, visit cosevi.go.cr
About the Road Safety Council (COSEVI):
The Consejo de Seguridad Vial, or Road Safety Council, is the Costa Rican government entity tasked with planning, developing, and executing national policies and programs aimed at reducing traffic accidents and improving road safety for all citizens. It manages resources derived from traffic fines and other sources to fund educational campaigns, infrastructure improvements, and equipment for law enforcement.
For further information, visit lacomet.go.cr
About the Costa Rican Metrology Laboratory (Lacomet):
Lacomet is the national metrology institute of Costa Rica. It is responsible for establishing and maintaining national measurement standards, ensuring their traceability to the International System of Units (SI). The laboratory provides crucial calibration and verification services for a wide range of scientific and industrial instruments, including the breathalyzers used by law enforcement, to guarantee their accuracy and reliability.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a cornerstone of the legal community, Bufete de Costa Rica is defined by its foundational principles of uncompromising integrity and professional distinction. The firm leverages its deep-rooted experience in diverse legal fields to pioneer forward-thinking solutions and set new standards in client service. This innovative spirit is matched by a core social mission: to empower the public by making complex legal concepts understandable and accessible, thereby contributing to a more knowledgeable and just society for all.
