¿Driving under the alcohol influence?
Itcan happen to you, and It could be good if you would be ready just in case or be aware before this situation arrives… 😯
It is a wire that a lawyer has never taken any of this type of case, especially if you have been a court-appointed lawyer
The crime of drive-in under the alcohol influence according to rule 376 of the Penal Code is produced by the mere fact of exceeding the established limit of 0.60 milligrams per liter of alcohol in the blood.
For more detail, the rule 379 of the Penal Code establishes the criminal conviction for driving alcohol. Said precept provides that a person who gives a rate of alcohol in expired air greater than 0.60 milligrams per liter or a blood alcohol level higher than 1.2 grams per liter, will be sentenced to a PRISON PENALTY of 3 a 6 MONTHS or with the one of FINE from 6 to 12 MONTHS or with WORK FOR community service from 31 to 90 DAYS, and in any case, with the dismissal OF THE PERMISSION OF DRIVING vehicles for longer than ONE YEAR and up to FOUR YEARS.
1º) The first thing you need to know is that refusing the test is not an option since you would be subject to the crime of disobedience of 383 of the Penal Code: “imprisonment from six months to one year and deprivation of the right to drive motor vehicles and mopeds of one and up to four years “. So this option is not good.
2º) You must know that you have the right to request the breathalyzer test twice with an intermediate time of at least 10 minutes, and if you were not in agreement with the results obtained you can request a blood test in the event that you are positive again
3º) For those who believe the cleverest, the 379 rule to the first point does not say anything about the rate of alcohol in particular , but it is enough to drive influenced, so it will depend a lot on what the agent of the authority put in his official report in relation to the impairment of our driving abilities (smell of alcohol, speech, oral expression, vehicle control, clothing, red eyes, dilated pupils, incorrect ambulation, etc.) so it is not convenient to “be rude” ” In this sense it is very important to know that there are decisions. like that of the Provincial Court of Madrid (Section 17), ruling of 27.11.2015: which condemns with alcohol levels lower than 0.60, in particular with 0.47 and 0.43 milligrams of alcohol per liter of expired air.
4º) As a general rule and as I mentioned in the previous point, the State Prosecutor’s Office (Crown Prosecution Service in England) will make accusations when the result of the test ranges between 0.4 and 0.6 mlg / liter of expired air, if the report clearly shows the existence of circumstances that prove driving under the influence of alcoholic beverages.
5º) Once the breathalyzer test have been carried out with a positive result, the agents will notify the driver of a summons for the penal proceeding (Juicio Rapido), one day and at a specific time, which will be held in the Court of Instruction corresponding to the place of the events. The appointed attorney will study all the Investigation Measures and, if he understands that there is no possibility of defense, will offer his client the option of recognizing the facts and comply with the penalty requested by the Public Prosecutor, which would result in a reduction of 1 / 3 of the ruling.
It is very important to understand that in most cases, it is best to close the lawsuit by agreement with the Public Prosecutor. If there is no recidivism and the rate is less than 1 mg / liter of expired air, the Prosecutor will request the minimum penalty provided in the Penal Code for this offense of 1 year of dismissal of driving license (generally, in the case of situations, prosecutors do not request prison sentences, or work for community service), as well as the payment of a fine of 6 months ( 180 days), with a daily fee that usually ranges from 4 to 12 euros. The lawyer will proceed to instruct his client of the consequences of the agreement and, if he accepts the request of the Prosecutor, will proceed to hold a quick trial, in which the Judge will reveal the facts and ask the accused if he recognizes them. After this, the Prosecutor will formulate his accusation and the Judge will ask if the requested penalties are accepted.
If we accept with the penalties requested by the Prosecutor, the Judge will then issue the Judgment, becoming the sentence of 8 months of deprivation of driving license and a fine of 4 months (120 days) with a fee of 4- 6 euros a day, which could be split into several installments. The Judgment issued by the Investigative Judge will be deemed final, so that, from that day on, the sentenced person will no longer be able to drive and must deliver his / her card (drive license) to the Court.
Finally, and for those who have not drunk much, we will tell you that according to the General Director of Traffic and the Road Safety Law, the dose of alcohol taken by a man of 70 kg would exceed the rate of 0.3 g / liter in blood with the ingestion of a beer can, glass and a half of wine, a glass of whiskey. In a woman weighing about 60 kilos, the rates would be exceeded by half of the doses reported for men. We tell you this, for the case you want to try to give as little as possible, one of the rights of drivers is that you can request the test twice with an intermediate time of at least 10 minutes, and if you do not agree with the results obtained may request a blood test, which in the case that is positive, the expenses are borne by you.