We have received several inquiries regarding the different manners in which the new Transit Law affects the tourists who rent our vehicles. As of right now, only a few of the law's articles are being enforced, specifically those dealing with and sanctioning reckless driving and driving under the influence of alcohol and/or drugs.
As it is usual in Costa Rica, there is still not much clarity as to the way in which police and judges will enforce the law. This email summarizes what we do know at the moment:
Criminal sanctions to the Driver:
The law establishes that, for people driving with a blood alcohol content greater than 0,75 milliliters per liter, (content obtained by consuming approximately 4 beers, though it varies from person to person), the vehicle will be impounded by the police and the driver will face a legal
process that, if found guilty, will carry a sentence which could include time in jail. In terms of process, the offender can expect to be put under arrest and taken to court for the initiation of the criminal case.
In court, the offender be brought before a judge who will decide on the preventive measures that will apply to the offender until the case reaches the trial phase. These preventive measures may vary from prohibition to leave the country and signing at the court on a weekly or bi‐weekly basis, up to preventive arrest. We understand that, in the only case involving a tourist that we are aware of and who rented a vehicle from another car rental company, the offender was set free by the judge aUer payment of the fine and a severe reprimand.
In this particular case the judge chose not to establish preventive measures. However, we must understand that this particular judge was benign and in other cases judges may choose to use any of the preventive measure options available to them, including jail.
Economic Responsibility of the Renter before the Car Rental Company:
When the vehicle is seized by the transit police and the driver is fined for driving under the effects of the alcohol and/or drugs, a breach of contract takes place. In this situation, the tourist will be forced to cover all the economic damage caused by his actions, damage that we anticipate will include:
- Payment of the fine;
- Fees and travel expenses incurred by the Company's lawyers in order to liberate the automobile,
- Towage / transportation costs incurred from transporting the vehicle to the originating rental office;
- Damages to the vehicle and an economic compensation for the loss of use of the car.
In order to have clients who are fully informed of the potential consequences of reckless driving and/or driving under the influence of alcohol and/or drugs in Costa Rica, we are proceeding to modify our contracts and communicate through by placing posters in our offices, minivans, etc. We would appreciate if, within your possibilities, you also warn our appreciated clients about the potential consequences arising from the enforcement of this law.
Important to Know 
