Criminal liability and administrative responsibility are usually confused in those behaviours consisting of driving under the influence of prohibited substances at the wheel.
However, not always driving under the influence of these substances will constitute a crime, but will only be subject to administrative sanctions in the form of a fine and reduction of card points.
Here at RS Chase Lawyers you will receive legal assistance to ensure you are making the right decision regarding any of these issues.
What behaviours constitute crime?
Driving under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages are considered a crime.
As for alcohol, a rate in exhaled air greater than 0.60 mg / l in blood exceeds 1.2 gr / l is established, so that whenever any of the aforementioned indices is exceeded, the behaviour will be constitutive of crime.
In case of giving positive but not reaching these indexes, the conduct may be constitutive of administrative infraction and will entail a fine and the reduction of points of the card, but from such conduct no criminal liability will be derived.
With respect to the other substances, it will be enough to drive under the effects of the same, without any type of index to the effect being established.
What substances are included in the criminal type?
With regard to alcoholic beverages, any type of alcoholic beverage is valid to constitute criminal conduct. With respect to the rest of substances, it must be any substance that ingested, injected, inhaled, or by any other method introduced in a certain amount in the body of the driver affects its ability to drive.
Does the breathalyser test constitute a proof of charge that does not admit evidence to the contrary?
In principle no, because there are certain factors that can make the conduct that was initially a crime constituent not finally, such as a measurement error or that the possibility of performing a second breathalyser test is not offered.
Thus, the Judge must take into account all those external circumstances that affect the conduct and not only the index thrown in the breathalyser test.
What is the penalty for the offense of driving under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages?
Prison for three to six months or for a fine of six to twelve months or for work for the benefit of the community for thirty-one to ninety days, and in any case, with the deprivation of the right to drive vehicles to motor and mopeds for more than one and up to four years.
Does the conviction entail go to prison?
Not necessarily, since the penalty to be imposed will be less than two years, so that if the subject has no criminal record and other requirements are met, the penalty will be able to be suspended, so even if there is a conviction it may not go to prison. To know all this, you need the advice of a Criminal Lawyer.
While the guilty person is sometimes imprisoned, it is usually because another crime has been committed while driving under the influence of the substances mentioned, such as a crime of reckless injury.
Therefore, if you are involved in a criminal procedure for driving under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages, do not hesitate to go to our offices.
Crimes against traffic safety
In the crimes against traffic safety, the driving action is punished by exceeding the speed limits in the legally established limits – in more than sixty kilometres per hour in urban roads or in more than eighty kilometres in interurban roads – or driving with the faculties psycho-physical alterations as a result of the intake of alcoholic beverages or drugs, it being understood by law that said powers are affected and that traffic safety is jeopardised when the alcohol rate exceeds more than 0.60 milligrams per litre of exhaled air or more than 1.2 grams per litre of blood.
If despite trying to perform the alcoholic screening test, for medical reasons or for any other cause of force majeure we cannot perform the test, it is convenient or request a blood test – if we are certain that we have not ingested alcohol- or either as soon as we have the opportunity to perform a blood test and depending on the result – always less than 1.2 grams per litre of blood – provide it in the future criminal trial as proof of discharge. Subsequently, it will be the defence lawyer who assesses the suitability of using said evidence at trial.
The damages that are initially caused are paid by the insurance company but if it is shown that the defendant was driving under the influence of alcoholic beverages or drugs, the insurer will claim to the driver within a maximum period of one year all the amounts he has paid to the injured.
In all criminal proceedings in which we are charged with a crime, it is mandatory by law to act as a lawyer. The defendant will be offered the option of appointing a private lawyer of his free choice and in the absence of an election he will necessarily be assigned an ex officio lawyer who will only be free in the event that the accused has recognised the benefit of free justice, that is, in the event that he lacks the resources to litigate and the income of his family unit does not exceed twice the minimum interprofessional salary.
Refusing to submit to breathalyser tests is an action that is also constitutive of a crime, therefore it is always preferable to perform such tests since in this way we will at least avoid the conviction for refusal to submit to alcohol or drug tests.
Driving without points or with the license withdrawn by court decision, or without ever obtaining a driver’s license or license is a crime. Here at RS Chase Lawyers you’ll find a team of qualified professionals ready to assist you with any issues related to traffic safety.