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Provided is a brief overview of two motor vehicle offences in Spain, driving under the influence and excessive speeding. Please contact our highly qualified team of lawyers based in Barcelona if you would like legal assistance or more information regarding these laws.

Driving Under the Influence:

Under Article 379 of the Penal Code, the offence of driving while intoxicated is defined as operating a motor vehicle while under the influence of toxic drugs, narcotics, psychotic substances or alcoholic beverages. This is not a closed list, as it can include any substance that negatively impairs a person’s conduct and creates a danger to the life and health of third parties.

The prosecution must prove the commission of this offence, which is done through tests that analyse blood, urine, and breath to determine if the legal intoxication limit has been exceeded. Under Article 380, a person who refuses the testing will be charged with grave disobedience. These tests are not always carried out accurately and fairly, so results can sometimes be wrong or inconclusive. Article 379 states these test results are only valid if the breathalyzer had an up to date calibration certificate, if a second test was conducted, if there was an offer of a counter-analysis, and if the test was conducted with immediacy, publicity, orality, and contradiction. Test results cannot be disposed of until after the case has been closed. 

The penalty for driving under the influence can be either imprisonment for three to six months, a fine for six to twelve months, or community service from thirty one to ninety days. Along with the decided penalty, there will be a suspension of one’s ability to drive motor vehicles for a time span of one to four years.

Excessive Speeding:

Article 379.1 of the Penal Code states that an individual is guilty of excessive speeding if they drive a motor vehicle on motorways at least 80km/h over the legal limit. On city roads, exceeding the legal limit by 60km/h is considered excessive speeding.

A person who has committed excessive speeding can be punished under Spanish Law with a penalty of either imprisonment for three to six months, a fine for six to twelve months, or community service from thirty one to ninety days. Just like the penalty for driving while intoxicated, along with the decided punishment, there will be a suspension of one’s ability to drive motor vehicles for a time span of one to four years.

Our criminal lawyers can help you with any motor vehicle violations in Barcelona, Catalonia, or other areas of Spain.

Should you need further information, or legal advice, please do not hesitate to contact our lawyers. You can contact us by using the contact form below, by emailing info@pineradelolmo.com, or by telephoning +34 93 514 39 97.Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case please contact our lawyers.