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Crime of refusing a breathalyzer test

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Article 383 of the Penal Code punishes drivers who, when required by an officer, refuse to submit to legally established tests to verify blood alcohol levels and the presence of toxic drugs, narcotics, and psychotropic substances, with prison sentences of six months to one year and deprivation of the right to drive motor vehicles and mopeds for a period of more than one and up to four years.

The requirements of the objective type of the aforementioned crime are:

  • Clear request from the authority agent to perform the breathalyzer test or drug detection test and,
  • Refusal of the person requested to carry out said test.

Lawyer specializing in the crime of refusal in Barcelona

From the moment you have been charged with the crime of refusing to take a breathalyzer test or drug test and summoned to a fast-track trial or, as a suspect, in a preliminary investigation, it is essential to contact a law firm specializing in refusal to take a breathalyzer test. Given his extensive experience and training in road safety offenses, as an expert lawyer in the crime of refusing to take a breathalyzer test in Barcelona , Sugrañes will inform you of all the necessary steps for the best criminal defense throughout the entire process.

We are a law firm specializing in alcohol and drug test refusal offenses in Barcelona . Based on our experience, we can affirm that if you are accused or investigated for a refusal offense, it is essential to have the defense of a lawyer specializing in alcohol and drug test refusal offenses in Barcelona. The outcome of the criminal proceedings will largely depend on this.

In this sense, given his experience and specialization in refusal crimes , Joaquín Sugrañes has managed to achieve very beneficial results for his clients.

Best lawyers for refusing to take a breathalyzer test in Barcelona

Joaquín Sugrañes is considered one of the best attorneys for alcohol and drug test refusal offenses in Barcelona and has a team of professionals specializing in alcohol and drug test refusal offenses. His goal, as a lawyer specializing in road safety offenses, is to provide the best criminal defense to all his clients.

Law firm specializing in the crime of refusing to take a breathalyzer test in Barcelona.

We are a criminal law firm specializing in alcohol test refusal offenses in Barcelona . Our level of expertise in this field, combined with our experience in all the cases we have participated in, allows us to offer excellent criminal defense to all our clients.

As attorneys specializing in alcohol and drug test refusal offenses in Barcelona , we defend those under investigation or accused of refusing to take an alcohol or drug test.

In this regard, if you have been summoned for a Fast Track Trial for a crime of refusal to take a breathalyzer test, do not hesitate to contact us. As criminal lawyers specializing in crimes of refusing to take a breathalyzer test in Barcelona, we can affirm that it is essential to seek the advice of an expert lawyer as soon as possible to ensure an excellent criminal defense and achieve the best possible outcome.

 

  • What does the Traffic Law establish regarding alcohol and drug testing?

    The Traffic Law, in its Article 12, sections 2 and 3, together with Articles 21 and 22 of the Traffic Regulations, requires all vehicle drivers to undergo the relevant tests for the detection of alcohol and drugs.

    Law enforcement officers may require these tests from:

    • Road users or drivers involved as potential culprits in an accident.
    • Those who show obvious symptoms of driving under the influence of alcohol or drugs.
    • Drivers reported for violating traffic regulations.
    • Any driver under preventive breathalyzer testing programs.
  • What are the consequences of refusing to undergo testing?

    Refusal to submit to alcohol and drug testing is punishable by administrative sanctions. However, this refusal may be considered a crime under Article 383 of the Penal Code in certain contexts, such as in accidents or when driving under the influence of alcohol or drugs.

    Refusal is criminally reprehensible and falls under Article 383 of the Penal Code in the following cases:

    • Thus, to differentiate the crime described in Article 383 of the Criminal Code from the failure to comply with the duties contemplated in the previous paragraph (sanctioned administratively), the following rules or guiding criteria can be used:
      • Refusal to submit to a breathalyzer or drug test in the event of an accident or driving with obvious signs of being under the influence of alcohol will be punishable under criminal, not administrative, law. That is, it will be classified under Article 383 of the Criminal Code.
      • Refusal to submit to alcohol or drug testing in cases of drivers reported for committing a traffic violation and in cases of preventive alcohol or drug testing requires the following distinction:
        • If the officers detect symptoms of the requested person being driven under the influence of alcohol or drugs, and so inform the requested person, the requested person’s refusal will be criminally relevant.
        • If the officers fail to notice such symptoms, the requested person’s refusal to submit to alcohol and/or drug testing would not have exceeded the limits of an administrative offense, and consequently, such conduct should not be prosecuted criminally.
  • What do I need to know if I am being investigated for a refusal offense?

    If you have been cited or are under investigation for a crime involving refusal to submit to alcohol and/or drug testing, you will find all the necessary and essential information about this crime on our blog .

    Additionally, as lawyers specializing in alcohol test refusal offenses in Barcelona , you can contact us by phone, WhatsApp, or by filling out the online form, and we will get back to you immediately.

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Refusal to undergo alcohol and drug tests (Art. 383 CP)

Refusal to undergo alcohol and drug tests (Art. 383 CP)

Article 383 of the Penal Code punishes drivers who, when required by an officer, refuse to submit to legally established tests to verify blood alcohol levels and the presence of toxic drugs, narcotics, and psychotropic substances, with prison sentences of six months to one year and deprivation of the right to drive motor vehicles and […]

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