I tested positive in a breathalyser test, what do I do?

Alcohol consumption at Christmas is the cause of many traffic accidents.

There are numerous cases received by a law firm, where drivers of vehicles on the road exceed the legal limits allowed, in the consumption of alcohol in a traffic control.

In order to maintain safety on the road, it is always recommended not to drive under the influence of alcohol, as it poses a clear danger both to vehicles on the road and to the driver himself.

More than 40% of fatal accidents that occur on the roads are due to alcohol consumption by the driver, and these accidents could have been avoided.

In our society, alcohol consumption is deeply rooted in all kinds of celebrations, such as the Christmas season, but constant alcohol consumption should be avoided during this type of period, as it is detrimental to health and quality of life in our daily lives. It can lead to diseases such as cancer, cirrhosis or continued addiction.

It is believed that a fatal traffic accident is mainly caused by high alcohol consumption, however, accidents can also occur with very minimal alcohol intake.

What should I do at a breathalyser checkpoint if I have been drinking alcohol?

There are rumours circulating about how to lower the blood alcohol level at a road safety checkpoint. The truth is that none of the recommendations cause the blood alcohol level detector to generate a lower level than what was actually consumed.

When you are going to undergo a breathalyser test, you must follow the instructions of the police officer, who must inform you that the procedure is compulsory in order to safeguard the safety of all drivers without the possibility of refusing, failing which you will be subject to administrative or criminal sanctions.

In principle, the test will be carried out with an ethylometer using a mouthpiece, to detect an approximate scale of the amount of alcohol ingested.

If the result is below the maximum permitted level, the driver may continue his journey. If the figure is positive, after ten minutes, a second test will be carried out to confirm the exact result, for the subsequent assessment of the penalty.

After the second test, if the driver again exceeds the permitted alcohol level, he/she is entitled to a third test, based on a blood sample at the health centre closest to the place where the test took place, the cost of which is borne by the applicant. If the result is negative, a refund of the amount paid will be made.

It is important to respect the instructions of the officers, so as not to worsen the situation and avoid the inclusion of offences that increase the level of seriousness of the case.

A criminal lawyer who is an expert in drink-driving offences will be able to help you deal with the case and accompany you in the event that you have to appear at a speedy trial where you can negotiate a reduction in the sentence, if necessary.

What happens if I test positive in a breathalyser control?

If in a breathalyser test you exceed the permitted alcohol level, the vehicle will be immobilised if there is no other person who can drive it.

To exceed the maximum permitted alcohol level, the figure must be over 0.25 mg/l in exhaled air, with the exception of 0.15 mg/l in exhaled air for novices and professional drivers.

If 0.25 mg/l in exhaled air is exceeded, the administrative penalty is 500 euros and 4 points are deducted from the driving licence.

In the case of exceeding the blood alcohol level by 0.50 mg/l, the fine amounts to 1,000 euros and 6 points on the driving licence.

When is it an offence to exceed the blood alcohol limit?

It is considered a criminal offence against road safety to exceed 0.60 mg/l in exhaled air, since, above this figure, alcohol generates a loss of peripheral vision in our body, making us incapable of reacting quickly to reflexes or possible complex situations at specific moments.

It is assumed that ingesting such an amount of alcohol can lead to a person's incapacity in all aspects and if they decide to start a journey in a vehicle, it can lead to very chaotic traffic accidents.

We have consulted our team of the best criminal lawyers in Madrid, and they confirm that exceeding the limit of 0.60 mg/l means a prison sentence of three to six months in prison, a financial fine paid for twelve months, withdrawal of the licence for at least one year and community service.

If, while driving under the influence of alcohol, a traffic accident occurs, you will have to pay the costs of the damage caused to the opposing vehicles, in addition to the penalties regulated in the Penal Code.

If you have a traffic accident while driving with a blood alcohol level between 0.25 and 0.6 mg/l, you will also be sanctioned by the courts and will have to appear in the so-called speedy trials.

Speedy trial for drink-driving

As mentioned above, if a serious blood alcohol level is detected by police officers, a speedy trial will be held. You will receive a summons from the court to appear within five days.

The holding of a speedy trial offers a series of advantages with regard to the establishment of the sentence for the events that occurred. The person appearing before the judge is given the opportunity to acknowledge his or her actions, which will lead to a reduced sentence and even acquittal if he or she does not have a criminal record.

This option is always advisable, as opposed to denying the veracity of the facts, as the procedure could last for four years with an almost certain conviction.

In this type of case, a good lawyer, expert in criminal law, can save you the most from a traffic offence.