At Jurand Abogados y Asesores Tributarios you will find a great team of lawyers specializing in alcohol testing in Granada, Madrid, Barcelona, Ceuta and Córdoba, although we also attend inquiries from anywhere in Spain.
We will respond to below. some of the most frequently asked questions among our clients. For more information and professional and personalized advice, do not hesitate to contact us.
How is the BAC determined?
To measure the level of alcohol, a test is carried out with the help of a breathalyzer . With this device the security forces can know the alcohol content of the drivers.
The procedure will be done by blowing into the breathalyzer, and later the result will be reflected on the screen.
< p> When this test is positive, a second test is performed with an ethyl meter . In this case, the driver will have to blow again twice, with an interval of ten minutes.
The ethylometer will issue the tickets in which the driver’s alcohol level is detailed, and which will then serve as part of the evidence in case of trial.
For his part, the driver can request a contrast test , which is based on a blood test or urine for possible evidence that breathalyzer attorneys can use on behalf of the prosecutor.
What is considered a drug alcohol offense?
Breathalyzer crimes occur when any driver drives the vehicle under the influence of alcohol . In Spain, it is considered a crime of alcohol to drive with a rate higher than 0.60 milligrams per liter of air inhaled by a breathalyzer.
Can I be acquitted of a drug alcohol offense?
The first thing will be to check that the ethylometers are verified and check if the results are due to the intake of drugs.
On the other hand, the report does not have full probative value, therefore that the agents who conducted the tests must appear at the oral trial to ratify the complaint. If they do not appear, they could acquit the crime against road safety.
Do you need to ask us a question?
How can our alcohol alcohol crime lawyer defend you?
If you have been reported for a crime of alcohol, it is essential to have the professional advice of an expert alcoholic lawyer.
The specialists in this matter will be in charge of presenting the necessary tests to avoid being penalized for this crime.
Starting with the results of a blood test and going through others to prove that you were the person who was driving at that time.
Our breathalyzer lawyers will apply their techniques and experience to demonstrate that even if the test is positive , it did not affect driving.
Ultimately, an expert alcohol alcohol lawyer has the function of get the minimum sentence , as long as he is guilty and it cannot be proven otherwise.
What happens if you refuse to take a breathalyzer test?
In the case of refusing to take the breathalyzer test, you will be at risk of committing a crime.
Refusal to carry out the control may expose you to a administrative penalty and even criminal offenses , in addition to the possible immobilization of the car or motorcycle.
There is also the risk of exposing yourself to a privative penalty of freedom , which translates to between 6 months and 1 year, and a driving limitation that can reach up to four years .
What is the margin of error for the ethyl meter?
Ethylometers have a margin of error. The maximum error for these devices is 7.5% if the result is between 0.40 and 1.00 .
Many judges opt for this theory of the margin of error of the ethyl meters, for what many people who can be acquitted for this crime . Although not only by the margin of the ethylometers. Also because the ethylometer has to pass some controls , and if it has not passed, the acquittal of the person accused of this crime will also be requested.
The alcohol test lawyers, with their extensive experience, they are essential in these cases.
Penalties for testing positive for a breathalyzer test
Art. 379 includes prison sentences of three to six months, or fines of six to twelve months or work for the benefit of the community of thirty-one to ninety days . In addition to the withdrawal of the license from one to four years.
The normal thing is that the Prosecutor usually asks for a fine. The amount will depend on the circumstances of each case.
The Penal Code follows a system called “fees for fine days” (art 50 et seq. Of the CP). Following this system, they sentence you for a number of months and each day of those months they put an economic amount. It is usually between 4 and 10 euros, although sometimes it is more.
It is multiplied by the number of days in total and you get the final fine. The normal thing is that they condemn you to pay between € 480 and € 1,200 fine .
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