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The consequences of driving a motor vehicle under the effects of alcohol are severe in Spain and comparable to other EU countries, whose legislation may vary in the limit over which driving is an offence or the length of driving licence suspension and imprisonment terms. In Spain, a normal penalty for driving with excess of alcohol includes a statutory minimum period of 12 months driving licence suspension and a fine or weekend arrest. You do not need to have committed a moving traffic offence.
| Here are quotes from Spanish legislation; |
Artícle 379
A person who is found driving a motor vehicle under the influence of toxic drugs, psicotropic substances, narcotic substances or alcoholic beverages will be sentenced from 8 to 12 weekends arrest or a fine from three to eight months and, in all cases, a driving licence suspension from one to four years.
Artícle 380
A person who, upon request by a police officer, refuses to submit to legally established tests for the purpose of verifying the facts of the preceding article will be charged with an offence of grave disobedience, contemplated in article 556 of this Act.
Article 381
A person who driving a motor vehicle with blatant carelessness causes a serious danger to the lives of people will be sentenced from six months to two years, and a driving licence suspension from one to six years.
Article 556
Those persons who, not qualifying for the offence contemplated in article 550, oppose the authority or its agents, or disobey them gravely, will be sentenced from six months to one year imprisonment.
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What to do if caught drunk while driving
If you are involved in a drink test, you will want to behave appropriately and appear to be as sober as possible. Let the officers do their job and show respect. Your actions will be mentioned in any court appearance.
Your lawyer will analyse issues such as procedural defects, suppressed evidence, checking thing such as calibration and maintenance records for the breath machine, have blood samples independently analyzed (if that is the case), negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, etc.
If unfortunately you have been arrested and taken before a Judge, here are some key questions your lawyer should ask you to improve your position on a further hearing. The accused should be aware that he has the right not to declare against himself, since perjury/false testimony is not applicable to a confession. In other words, and as a judge once put it, the accused has the right to lie as much as he pleases. This should, however, not preclude a lawyer from putting across exculpatory questions connected to the offence the accused is being pursued for. | |
Regards
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