Testing positive in a breathalyzer test: when can it be a crime?

Breathalyzer tests are common on the roads and aim to prevent accidents and ensure road safety. However, many people are unaware that testing positive can lead to criminal consequences in certain cases. Depending on the alcohol level detected and the driving circumstances, the result can be either an administrative fine or criminal proceedings.

Criminal legislation establishes that driving with an alcohol level exceeding 0.60 milligrams per liter of expired air or 1.2 grams per liter in blood constitutes a crime against road safety. In such cases, the proceedings are handled by a criminal court and can have significant consequences for the driver.

The penalties provided for this crime may include financial fines, community service, or even prison sentences in certain scenarios. Additionally, the suspension of the driver's license is a common consequence and can last between one and four years, depending on the circumstances of the case.

Many drink-driving proceedings are handled through the "juicio rápido" (speedy trial) system, which allows the case to be resolved in a relatively short period of time. In these situations, it is especially important to receive legal advice before making decisions, as each case may have specific circumstances affecting the defense.

If you are under investigation for a drink-driving offense, it is advisable to consult a criminal defense lawyer who can analyze the case and evaluate potential defense options.

At Papasey Advocats, we offer legal advice and defense in criminal proceedings related to road safety.