Do you know the legal limit for driving under the influence? Do you know the penalties for drunk driving? In this article, our lawyers specializing in drunk driving offenses in Barcelona explain everything you need to know about the alcohol limit, how a crime is distinguished from an administrative violation, the possible penalties, and how we can help you if you face a fast-track trial. Don’t risk your license or your freedom! Get informed and drive responsibly.
The crime of drunk driving, regulated in article 379.2 of the Penal Code, punishes driving a motor vehicle or moped under the influence of alcoholic beverages.
Driving under the influence of alcohol is usually proven by what are known as breathalyzer tests, using a breathalyzer.
As expert lawyers in drunk driving offenses in Barcelona, in this blog, we’ll inform you about the blood alcohol limit and its relevance in distinguishing between a crime and an administrative violation.
The Penal Code establishes alcohol levels above which it is presumed, without the possibility of proof to the contrary, that the person was driving under the influence of alcohol:
If the driver exceeds any of the indicated limits, it is assumed that they were driving under the influence of alcohol, with no possibility of proving otherwise at trial. This greatly limits the possibilities of defense in these cases, in which only the application of the breathalyzer’s margin of error or the device’s condition (if it had failed the corresponding inspections) can be discussed.
At Sugrañes, we have a team of lawyers specializing in drunk driving offenses in Barcelona, so we can offer you the best criminal defense for any matter related to drunk driving offenses.
Administrative regulations also penalize driving motor vehicles and mopeds with alcohol levels exceeding certain limits. Specifically, administrative penalties apply to driving vehicles with a blood alcohol level exceeding 0.5 grams per liter or an exhaled air alcohol level exceeding 0.25 milligrams per liter. It is important to note that there are specific provisions for novice drivers, as well as for driving certain vehicles, such as those used for transporting goods over a certain weight, or for school transportation, among others.
As lawyers specializing in drunk driving offenses in Barcelona, we can affirm that the difference between a criminal offense and an administrative offense lies in the level of alcohol in the air or blood: if the limits established in the Penal Code are exceeded, we are facing the commission of a crime, while if the levels established at the administrative level are exceeded but not reached those established in criminal legislation, the facts will constitute, in principle, an administrative offense.
However, we must bear in mind that, even if the rate provided for in the Penal Code is not exceeded, if other evidence determines that the person was indeed driving under the influence of alcohol, the facts could still constitute a criminal offense.
The answer is yes. Exceeding the blood alcohol limit established in the Criminal Code practically automatically constitutes a crime against road safety. However, exceeding these limits is not required to commit this crime, because driving under the influence of alcohol, which is the punishment for this offense, can be proven through other means of evidence, such as the testimony of witnesses who witnessed the driving.
In these cases, the statement of the officers involved in the incident is particularly relevant. They draw up a report on the driver’s symptoms, which includes elements that tend to determine whether the driver was under the influence of alcohol: manner of walking, behavior, external appearance, facial congestion, repetition of phrases and ideas, pale face, bright eyes, dilated pupils, slurred speech, and alcoholic halitosis.
Likewise, to determine the influence of alcohol on driving, driving circumstances are taken into account: whether the driver engaged in any illegal maneuvers, whether the vehicle was involved in an accident, spontaneous statements made by the driver to the officers, etc.
The offense of drunk driving is punishable by imprisonment of 3 to 6 months, a fine of 6 to 12 months, or community service of 31 to 90 days. In the case of a prison sentence, the judge may reduce the sentence by one degree, taking into account the lesser risk posed and the other circumstances of the incident.
These penalties, which are imposed alternatively depending on the perpetrator’s criminal record and the circumstances of the events, are always supplemented by the penalty of deprivation of the right to drive motor vehicles and mopeds for a period of between one and four years.
The imposition of a driving ban requires the driver to complete a road safety re-education and awareness course. Failure to complete this course constitutes an administrative offense, punishable by a fine.
Furthermore, Article 47 of the Criminal Code establishes that if the driving license is suspended for more than two years, this penalty automatically entails the loss of the driver’s license validity. In this case, to drive again, once the driving license suspension period has expired, it is necessary to complete the necessary procedures to obtain a new driver’s license, which includes taking a course and passing a theoretical test.
At Sugrañes, we are highly specialized in defending against drunk driving offenses. Although our main office is located in Barcelona, we also assist police stations and courts throughout the country.
Therefore, if you have been summoned to appear in a fast-track trial for a drunk driving offense, do not hesitate to contact our office as soon as possible, and we will begin all the necessary steps to ensure your best criminal defense.
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