Drink-driving on the Costa Daurada: what happens after a positive breath test

A breathalyser test can end in an administrative sanction or a criminal procedure. The difference does not depend solely on a figure: other factors can also be present, such as signs of driving under the influence, an accident, refusal to take tests, or other circumstances.

When a Criminal Offence May Exist

Article 379.2 of the Penal Code criminalises driving under the influence of alcohol and, in any case, doing so with a rate greater than 0.60 mg/l in breath or 1.2 g/l in blood. The offence can carry imprisonment of three to six months, a fine of six to twelve months, or community service of 31 to 90 days, in addition to a driving ban of one to four years.

The Two Measurements and the Rights of the Investigated Person

Normally, two tests are carried out with a statutory interval. The person can request a comparative test via analysis. The report, etilometer tickets, the apparatus identification, their checks and the way in which the measurements were made must be reviewed.

What is a Rapid Procedure?

When the facts are documented by the police, the judicial summons can arrive in a few days. Before accepting a plea agreement, it is important to know the requested penalty, the possible legal reduction, the duration of the driving ban, and the effect of criminal records.

Accident, Refusal and Reoffending

If there were injuries or damage, the defence must also cover civil liability. Refusing tests can constitute a separate offence. The existence of previous convictions can modify the strategy, so it is advisable to obtain the full history from the outset.

Early assistance allows you to preserve evidence and prepare your statement. Our team handles rapid procedures and alcoholemias in Cambrils, Reus and Tarragona.

Regulatory Source: articles 379 and following of the Penal Code and traffic regulations.

This content is informative and does not constitute legal advice adapted to the specific case.