Lawyer for alcohol and drug offenses in Barcelona

Imprisonment of three to six months or a fine of six to twelve months or community service of thirty-one to ninety days, and in any case, deprivation of the right to drive motor vehicles and mopeds for a period of more than one and up to four years.

The current legal situation allows us to maintain that, in relation to driving under the influence of alcohol, toxic drugs, narcotics, or psychotropic substances, we find two ways of applying the crime contained in article 379.2 of the Penal Code.

A first scenario consists of exceeding the breath alcohol level above 0.60 milligrams per liter or a blood alcohol level above 1.2 grams per liter, in which case, a crime will be committed, without needing to prove any typical element other than the mere exceedance. A second scenario would include other cases in which these measured levels are not exceeded.

It should be noted that the non-application of Article 379.2 of the Criminal Code, final paragraph, due to the level not exceeding 0.60 mg/l does not exclude the possibility of the application of Article 379.2 of the Criminal Code, first paragraph, and, therefore, a criminal conviction for the facts. This is because the criminal offense is applicable not only when the alcohol levels recorded are objectively assessed, but also when, even when they are lower than those, the influence of such intake is proven based on a series of external markers. This influence is clearly facilitated in those cases where the subject drives in violation of the law, which externalizes the risk protected by the criminal offense.

Therefore, in those cases where there is no measurement of any kind, or in those cases where the stated levels are not exceeded (although they may equal them), it must be analyzed whether, despite not exceeding the indicated limits, the alcohol consumption actually influenced the subject’s driving in such a way that it also merits reproach or criminal punishment.

To do so, the circumstances of the driving will necessarily be taken into account, whether or not it was observed by the police officers, or whether it was a routine check, such that they could not observe whether the vehicle was driving abnormally or not, whether the vehicle was involved in an accident, the driver’s symptom report, any spontaneous statements the driver may have made to the police officers, etc.

That is, it will be necessary to prove that the subject in question was driving the vehicle with impaired attention and reflexes due to prior consumption of alcoholic beverages.

For example, the signs observed by the officers conducting the investigation included pacing, behavior, external appearance, facial flushing, repetition of phrases and ideas, pale complexion, bright eyes, dilated pupils, slurred speech, and alcoholic halitosis. Ultimately, it must be proven through the corresponding evidence in the oral trial that the subject was driving under the influence of the alcoholic beverages he had previously consumed. Only then, in the absence of an express measurement of the rate, or with a measurement that, applying the established margins of error, does not exceed the limits established by the Criminal Code, could a conviction be imposed for such acts. Otherwise, in the absence of proof of the above, the appropriate course of action is to issue an acquittal.

The fast-track trial before the investigating court in the place where the crime was committed actually consists of the defendant appearing before a judge, assisted by a lawyer, and offers the possibility of reaching an agreement with the Public Prosecutor’s Office.

It is necessary to have a specialized defense in drunk driving offenses , in order to ensure the best possible agreement that allows the sentence to be reduced as much as possible.

If an agreement is reached, the judge will issue a sentence that same day, imposing a conviction in accordance with the strict terms of the agreement. If no agreement is reached, for whatever reason, the defendant will be summoned for a trial in a few months, where his guilt or innocence will be decided.

If you find yourself in a situation like the one described, as specialist alcohol-related lawyers in Barcelona , we have an emergency telephone line available 24 hours a day, 7 days a week.

It will depend on the client’s situation. As a law firm specializing in drunk driving , we can confirm that, in cases where the client has more than one prior conviction for a traffic offense, it is not normally advisable to reach an agreement on the same day as the Fast Track Trial.

Especially in cases where the client has a suspended sentence for a similar crime, meaning a new conviction could mean imprisonment.

In this case, you will be committing a crime of refusal, as provided for and punishable by Article 383 of the Criminal Code. The crime of refusal carries a prison sentence of six months to one year and deprivation of the right to drive motor vehicles and mopeds for a period of one to four years.

Furthermore, you should be aware that failure to take the alcohol or drug test will not mean that you will not be charged with that crime, but rather that the Public Prosecutor’s Office will charge you with two crimes: refusal to submit to alcohol and drug tests , as well as a crime of driving under the influence of alcohol and/or drugs .