Not all positives in a breathalyzer control are criminal offenses. In some cases, we will face an administrative infraction, which may lead to the imposition of an economic fine and the withdrawal of driving license points. However, if we exceed the limits currently provided, it will involve the commission of a crime against road safety.

The limits of breathalyzer are included in art. 379 of the Penal Code and are the following:

  • For drivers in general: 0,25 mg/l in exhaled air and 0,50 mg/l in blood.
  • For novice and professional drivers: 0,15 mg/l in exhaled air and 0,30 mg/l in blood.

First of all, we should know that when the authorities stop us to undergo a breathalyzer control, we are obliged to perform this test, otherwise we could be committing a crime of disobedience against the authority.

In the event that the breathalyzer test yields a positive result, we have the right to the practice of a second test, which must be performed in a period of time at least greater than 10 minutes. What happens if this second test is also positive? In this case the authorities will issue the corresponding summons for quick trial and will proceed to immobilize the vehicle; If someone accompanies us who is able to drive it and has their permission in order, they can take care of it, or we can call a third party to go to the place to remove the vehicle.

We should know that if we do not agree with the result of this second test, we can request a blood test, but if it also shows a positive result, we will have to pay the economic expenses that this test implies.

The penalties provided by the Penal Code for the crime of alcohol are:

  • Prison for 3 to 6 months,
  • or a fine of 6 to 12 months,
  • or works for the benefit of the community from 31 to 90 days

and in any case the deprivation of the right to drive motor vehicles and mopeds for more than one and up to four years.

Faced with the seriousness of the crime and which can lead to prison sentences, we recommend going to the subpoena for a quick trial assisted by a lawyer specialized in this type of matter.

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