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In Spain, a
normal penalty
for driving
with excess of
alcohol
includes a
statutory
minimum period
of 12 months
driving
licence
suspension and
a fine or
weekend
arrest. You do
not need to
have committed
a moving
traffic
offence.
The vehicle
shown right
could have
been the
result of
drink-driving
in Spain. |
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Here are
quotes from
Spanish
legislation; |
Artícle
379
A person
who is
found
driving a
motor
vehicle
under the
influence
of toxic
drugs,
psicotropic
substances,
narcotic
substances
or
alcoholic
beverages
will be
sentenced
from 8 to
12
weekends
arrest or
a fine
from three
to eight
months
and, in
all cases,
a driving
licence
suspension
from one
to four
years.
Artícle
380
A person
who, upon
request by
a police
officer,
refuses to
submit to
legally
established
tests for
the
purpose of
verifying
the facts
of the
preceding
article
will be
charged
with an
offence of
grave
disobedience,
contemplated
in article
556 of
this Act.
Article
381
A person
who
driving a
motor
vehicle
with
blatant
carelessness
causes a
serious
danger to
the lives
of people
will be
sentenced
from six
months to
two years,
and a
driving
licence
suspension
from one
to six
years.
Article
556
Those
persons
who, not
qualifying
for the
offence
contemplated
in article
550,
oppose the
authority
or its
agents, or
disobey
them
gravely,
will be
sentenced
from six
months to
one year
imprisonment. |
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What to
do if
caught
drunk
while
driving
If you
are
involved
in a drink
test, you
will want
to behave
appropriately
and appear
to be as
sober as
possible.
Let the
officers
do their
job and
show
respect.
Your
actions
will be
mentioned
in any
court
appearance.
Your
lawyer
will
analyse
issues
such as
procedural
defects,
suppressed
evidence,
checking
thing such
as
calibration
and
maintenance
records
for the
breath
machine,
have blood
samples
independently
analyzed
(if that
is the
case),
negotiate
for a
lesser
charge or
reduced
sentence,
obtain
expert
witnesses
for trial,
contest
the
administrative
license
suspension,
etc.
If
unfortunately
you have
been
arrested
and taken
before a
Judge,
here are
some key
questions
your
lawyer
should ask
you to
improve
your
position
on a
further
hearing.
The
accused
should be
aware that
he has the
right not
to declare
against
himself,
since
perjury/false
testimony
is not
applicable
to a
confession.
In other
words, and
as a judge
once put
it, the
accused
has the
right to
lie as
much as he
pleases.
This
should,
however,
not
preclude a
lawyer
from
putting
across
exculpatory
questions
connected
to the
offence
the
accused is
being
pursued
for.
You may
also need
contact
numbers
for
Embassies
or more
advice
about
coping
with
disasters |
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