Luiz Fux Justices RE 1.224.374 was a case of the Supreme Court of Brazil concerning the constitutionality of penalizing refusal to submit oneself to drug influence tests on traffic stops, such as a breathalyzer.

The case's rapporteur, minister Luiz Fux, cast the initial vote and the Court unanimously agreed, upholding the constitutionality of such penalties.

[1] Specifically, the case put into question the constitutionality of Article 165-A of the Brazilian Transit Code:[2] Infração - gravíssima; Penalidade - multa (dez vezes) e suspensão do direito de dirigir por 12 (doze) meses; Medida administrativa - recolhimento do documento de habilitação e retenção do veículo, observado o disposto no § 4º do art.

Infraction - very grave; Penalty - fine (ten times) and suspension of the right to drive for 12 (twelve) months; Administrative measure - withdrawal of driver's license and seizure of vehicle, following § 4 of art.

— Law 9.503/1997 (Brazilian Transit Code [pt]) The argument against the constitutionality of the article was that penalizing the refusal to test for inebriation would restrict the accused's defense, and could lead to self-incrimination.