P.R. Laws tit. 9, § 5208
The court may suspend the effects of the imposed prison sentence when it concerns a conviction under §§ 5201—5210 of this title with the exception of § 5206 of this title, or that the person is deemed as a recidivist of this chapter, and the person meets the following requirements:
(a) That the results of the chemical or physical analysis show a blood alcohol level of between eight (8) and ten (10) hundredths of one percent (0.08 to 0.10 of 1%).
(b) That the results of the chemical or physical analysis show a blood alcohol level between two (2) and eight (8) hundredths (0.02 to 0.08) of one percent (1%) in the case of truck, school bus and heavy motor vehicle drivers.
(c) That the person voluntarily agrees to render thirty (30) days of community service. The benefit of suspension of the effects of the sentence of imprisonment shall not be available if the result of the percentage of blood alcohol has been reduced based on a stipulation between the defendant and the office of the Government attorney.
The Corrections Administration, in coordination with the Office of Courts Administration, shall establish and maintain a compulsory community works program to which the convicts availing themselves of the benefits of the system provided in subsection (d) of this section may be referred. The main purpose of the program to be established shall be to ensure that by providing certain community services those persons convicted of violating the provisions of this subchapter, are made aware of the risks and adverse consequences that driving a motor vehicle under the influence entails.
To perform the task entrusted, the Administrator of the Corrections Administration may enter into agreements with government and private health centers and hospitals, with non-profit organization and especially with those institutions that provide health and care services to the sick, as well as with private and government entities devoted to promoting traffic safety.
The program to be established shall allow the convict to render community services outside working hours or academic schedule whenever necessary, so as to avoid interruption of his/her employment or academic responsibilities. The community service agreement shall provide for an attendance certificate and an evaluation of the work performed by the convict. In case the person should fail to appear or leave the program, or violate the established rules and regulations, the Corrections Administration shall request that the court annul the order to suspend the sentence and direct that the same be executed.
History —Jan. 7, 2000, No. 22, § 7.08; June 3, 2004, No. 132, § 7, eff. 90 days after June 3, 2004.