| Maximum permitted alcohol levels: |
| TYPE OF DRIVER |
LIMIT IN BLOOD |
LIMIT IN BREATHED AIR |
| (1) GENERAL |
0,5 gr/l |
0,25 mg/l |
| (2) PROFESSIONALS |
0,3 gr/l |
0,15 mg/l |
| (3) NEW DRIVERS |
0,3 gr/l |
0,15 mg/l |
What might be the legal consequences...?
The Spanish Criminal Code (Chapter IV) says:
- Article 379: who drives a motor vehicle or a motor cycle under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages will be punished with imprisonment of three to six months or a fine of six to 12 months and, if applicable, work for the community from 31 to 90 days and in every case, the deprivation of the right to drive motor vehicles and motorcycles for more than one year and up to four years.
If the drunk driver is involved in a car accident, may also be charged with other crimes such as homicide by misadventure and therefore liable to pay and indemnity to the prejudiced person.
- Article 380: When a driver refuses to submit to a legally set test to see if he is driving under the influence of a substance described in the preceding article, he shall be punished as a perpetrator of a crime of serious disobedience (Article 556 of the Criminal Code)punishable by a term of imprisonment of 6 months to 1 year and deprivation of the driving license.
- Article 380: who drives a motor vehicle or motorcycle recklessly (with high rates of alcohol in the blood and a disproportionate speed excess with respect to speed limits) and endangers the life or integrity of persons, will be punished with imprisonment from six months to two years and deprivation of the right to drive motor vehicles and motorcycles for more than one year and up to six years.
-Article 381: If the behaviour implies clear contempt towards others´lives the sanctions are impprisoment of two to five years, fine of twelve to twenty four months and deprivation of driving license from six to ten years.
WHY administrative or criminal sanction?
With the new rules any driver that exceeds the permitted level of alcohol may be punished by the administrative authority (Road safety law) or judged by the criminal procedure (Criminal Code). The traffic officers will decide on submiiting the offender to the judge or to the Traffic Authorities, basing their decission on determined criteria which are set by them.
After this tough text, this soft picture... equilbrium is always important!
Chiclana beach ( Cadiz) by Vigabriel at Flickr.com