What to do if you are asked to take a Breath Test for Alcohol whilst driving in Spain

The police may require you as a the driver of a vehicle, to take a breath test:

-if they believe you’ve been drinking alcohol or taking drugs,-orvia a random breath test traffic stop,-or if you’ve been involved in a road traffic accident or offence.If you are required to perform a breath test, above all stay calm and try to cooperate with the law, a polite and respectful attitude is always going to benefit you more than being contrary.Also, refusal to submit to a breath test is a very serious offense, one punishablewith imprisonment of six months to one year, and the loss of a driving license for up to four years.If you refuse to take a breath test, or fail to supply a sample of breath you can be arrested. The breath test gives a result straight away.If you fail the breath test, you have the right to request the test be taken a second time with an timeinterval of at least 10 minutes. If you do not agree with the results obtained you may request a blood test, howeverin the case of a positive result, the additional costs would be your expense. Failing the breath test will result in you being charged, and you will not be allowed to drive the vehicle until you are below the limits, someone else would have to drive the vehicle away. There are two classifications of offence, one is administrative, and the second is criminal.Administrative offence (non-criminal) levels:When a driver has consumed a small amountof alcohol and the test gives results above 0.25 mg / l upto 0,50mg / l (professionals and holders of driving license for less than two years old more than 0.15 to 0.30 mg / l) the punishment is a fine of 500 euros and removal of 4 points from your license.Between 0.50 mg / l, upto 60mg/l in exhaled air (professionals and holders of driving license for less than two years old are restricted to no more than 0.30 mg / l), is likely to result ina fine of up to 1,000 euros and the withdrawal of up to 6 points.Criminal offence levels:Any result with a higher rate of alcohol in exhaled air to 0.60 mg / L ,with an alcohol level exceeding 1.2 grams per litreof blood.The punishment of the offence is defined under the Criminal Code, in particular Article 379‘…. Imprisonment of 3 to 6 months, a fine, or community service from 31 to 90 days and disqualifications from driving motor vehicles for between one and up to four years. "The driver will be cited for a speedy trial, if the defendant accepts the facts the sentence is normally reduced by one third, however, the minimum withdrawal of license would be 8 months and one day.

ConclusionThe best defence is prevention, do not to drink and drive. If asked by the police to do take a breath test, TAKE THE BREATH TEST.If the worst ever happens, make sure you have professional legal advice from lawyers who specialise in criminal law and toprotect your interests you when you go to court.Doing so can reduce both the fines andtermwithdrawal of license, in some cases even the annulment of the penalty or offence if there had been errors in the proceedings or due process, of either criminal or administrative legal cases.Campdera& ASSOCIATES have years of experience in handling such procedures.Keep these numbers in your phone, contact us and we will resolve any issue. To do this we provide two numbers with care 24 hours a day for any emergency: 627068561 or 629542912. We cover the Costa Blanca North area, from Benidorm to Gandia.