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Never drink and drive

In Spain, driving under the effect of alcohol or drugs is severely punished.

If the Police Officer considers that the driver is driving his vehicle under the effect of alcohol, toxic drugs, or narcotic substances, he will proceed to carry out the corresponding tests. If these prove positive, it may be assumed that an offence has been committed against traffic safety, sanctioned in Criminal Law with arrest for eight to ten weekends or a fine of three to eight months and possibly the suspension of the driving licence for a period of one to four years.

If it is not considered a criminal offence, the driving of vehicles with levels of alcohol over those permitted or under the effects of toxic drugs or narcotics or similar substances does constitute a very serious offence, and may be sanctioned with a fine of up to 100,000 ptas. and the suspension of one's driving licence for a period of up to three months.

Blood-alcohol Levels:

There is a general limit established as 0.5 grams of alcohol per litre of blood, or 0.25 milligrams per litre of air breathed. In the following cases these rates are lowered to 0,3 grams and to 0,15 grams, respectively:

Drivers of vehicles whose maximum permitted weight is over 3.500 kilograms, of vehicles aimed at passengers’ transport of more than nine seats or vehicles aimed at public transport.
Drivers of vehicles aimed at school transport or at children’s transport.
Drivers of vehicles aimed at transport of dangerous goods, of urgent services or aimed at special transports.
Drivers of any kind of vehicle during two years after getting the driving licence.

Blood-alcohol Tests: Any driver who is requested to do so by a Police Officer must undergo the tests established by law for the detection of alcohol, drugs and narcotics in the blood. If he refuses, he may be punished as the author of a serious offence of disobedience, and given a prison sentence of six months to a year; if it is not considered a criminal offence, it may be penalised with a fine of up to 100,000 ptas. and the suspension of one's driving licence for up to three months.

The test normally consists of making the driver breathe into a standardised breathilyser.

If the test proves positive, another test must be made within the space of at least ten minutes. If this also proves positive, the Police Officer will make the corresponding record of the offence and bring the offender before the judge. The Police Officer shall tell to the interested party that the test is going to be made after the deadline has passed, and he shall advise that the course of the compulsory deadline of ten minutes may be controlled by either the interested party or by any companion, as well as by anyone out of the present witnesses. The vehicle may then be immobilised, at the expense of the driver, or another duly authorised person may take charge of it.

In all cases, the driver may make the allegations he considers appropriate and can demand that the tests be repeated, for the purposes of contrast, whether they be blood, urine or similar tests. If the interested party decides to make such an analyse, the Police Officer shall take the appropriate measures in order to take the person to a Health Centre nearby. These analyses will be made at the expense of the driver, if they prove positive, and at the expense of the Traffic Police Department if they prove negative.

When people being obliged to make tests, are suffering from wounds, aches or illnesses, whose seriousness impedes their practice, the medical staff of the Health Centre where people have been taken, shall decide which tests must be made.

 

 

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