The crime of drunk driving is one of the most common crimes against road safety, and is related to driving under the influence of alcohol. At Soler Martín Abogados, we have extensive experience in the defense of drivers accused of exceeding the permitted blood alcohol limits. This type of infraction can lead to serious legal consequences, such as fines, loss of points, withdrawal of the driver's license and even prison sentences. Therefore, it is essential to have an expert legal defense to protect your rights and minimize penalties.
What is the crime of breathalyzing?
The crime of breathalyzer is committed when a person drives a vehicle with a blood alcohol level that exceeds the limits established by law. In Spain, the legal limits are as follows:
- General drivers: 0.25 mg/l in exhaled air or 0.5 g/l in blood.
- Professional and novice drivers: 0.15 mg/l in exhaled air or 0.3 g/l in blood.
Exceeding these limits, especially if done repeatedly or in conditions that endanger the safety of other road users, may result in administrative and criminal penalties, depending on the seriousness of the infraction.
When is it considered a drunk driving offense?
Not all alcohol violations are considered criminal offenses. In many cases, when the alcohol level is higher than the permitted limits, but road safety has not been seriously endangered, it can be sanctioned as an administrative infraction. This involves a financial fine, the withdrawal of points from the driver's license and, in some cases, the temporary suspension of the driver's license.
However, when the blood alcohol level is particularly high or when the driver's conduct puts other road users at serious risk, it can be considered a criminal offense. In these cases, the consequences are more serious and include prison sentences.
Legal consequences of the crime of alcohol abuse
The penalties for alcohol abuse depend on the level of alcohol in the blood, the circumstances of the act and whether damage or accidents have been caused. The main penalties include:
- Economic fines: Fines can range from €500 to €1,000, depending on the BAC and whether it is the first offense or a repeat offender.
- Loss of driver's license points: Breathalyzer violations usually result in the withdrawal of between 4 and 6 points from the driver's license, which can lead to the total loss of the driver's license if the offender accumulates several violations.
- Withdrawal of driving license: In serious cases, the offender may face temporary withdrawal of the driving license, which may vary from 1 to 4 years.
- Prison sentences: In cases of very high BAC (above 0.60 mg/l in exhaled air or 1.2 g/l in blood), or when the driver has caused an accident or has seriously endangered the lives of others, the penalty may include prison sentences ranging from 3 to 6 months.
- Community service: In lieu of imprisonment, community service may be imposed in some cases as an alternative to imprisonment.
Defense strategies in alcohol cases
At Soler Martín Abogados, we offer a personalized legal defense, adapted to the specific circumstances of each case . Some of the most common strategies include:
- Challenging the breathalyzer test: In some cases, the defense may argue that the breathalyzer tests were not performed correctly or that the defendant's rights were not respected during the test. It is essential that the tests are conducted following established legal protocols.
- Challenging the validity of the arrest: If the arrest or the request for a breathalyzer test was not carried out in accordance with the regulations, the defense may claim that the driver's rights have been violated.
- Proving the absence of real risk: In some cases, even if the blood alcohol level exceeds the permitted limits, it is possible to argue that the driving did not endanger the life or safety of other people, which could mitigate the penalties.
- Negotiation with the prosecution: In cases where the defendant's good behavior or lack of criminal record can be demonstrated, it is possible to negotiate a reduction of sentences or avoid imprisonment through rehabilitation programs or community service.
Why choose Soler Martín Abogados?
At Soler Martín Abogados, we have vast experience in the defense of drunk driving cases. We know that a drunk driving charge can have serious consequences for a person's personal and professional life. Our team of criminal defense attorneys is committed to providing a strong and effective defense, focused on protecting our clients' rights and minimizing the legal consequences.
We offer a personalized approach to each case, analyzing in detail the circumstances and evidence presented by the prosecution. We are dedicated to questioning the validity of the evidence and always seek the best possible solution, either through negotiation with the prosecution or through a technical defense at trial.
Conclusion
A DUI offense can have serious legal and personal repercussions. If you are facing a DUI charge, it is essential to have a qualified criminal defense to help you protect your rights and minimize penalties. At Soler Martín Abogados, we are prepared to provide you with the best legal advice and representation. Contact us today for a consultation.
