When is a breathalyzer a crime? The Penal Code establishes that the person who drives a motor vehicle or a moped under the influence of alcoholic beverages will be punished with:
i) A prison sentence of 3 to 6 months; or
ii) A fine of 6 to twelve months; or
iii) Work for the benefit of the community from 31 to 90 days.
And, in all cases, the penalty of deprivation of the right to drive motor vehicles and mopeds for a period of more than 1 and up to 4 years is also imposed.
It can be verified that the judge can alternatively impose the prison sentence, the fine or the work for the benefit of the community, also adding to the selected one the deprivation of the right to drive.
Can I lose my driving license if I am a professional driver? This is probably the first question a professional asks himself, in fact it is normal, anyone wants to know if he will be able to continue driving well, in In many cases, it is essential to be able to continue working, it is your work tool. We refer to taxi drivers, commercials, transporters, freelancers and many people for whom the withdrawal of the circulation permit is a serious loss.
Can the withdrawal of the driving license be divided? After a quick trial for alcohol, a professional finds that his driving license has been withdrawn. In this situation, by not being able to drive, the professional runs out of income. However, although the law does not provide for subdivision, nothing prevents a lawyer specializing in crimes against road safety from requesting this benefit from the court.
What must be proven when requesting the subdivision? There is no doubt that each person is a world, a salaried professional driver in a large company is not the same as in the event of an eventual withdrawal of the license of driving can perform other tasks than a self-employed professional, taxi drivers, transporters, etc., that if they lose their driving license they cannot perform other work. Therefore, this second group will have a better chance of achieving fractionation.
In line with what has been stated, if the person who has been deprived of a driving license has family responsibilities and is the only one who has a job in the family nucleus, there is no doubt that making it impossible for him to work will generate a Serious economic damage to your family , and a lawyer must inform the court of this situation.
From Guerra Bermúdez Lawyers we advise to translate into a « planing » operations with the days that for work reasons we have to drive, to facilitate the judge’s determination of the days on which the sentence will actually be served if he deems it appropriate.
For all this, from Guerra Bermúdez Abogados, as a firm specialized in Criminal Law, we can advise and accompany you in any situation that arises anywhere in Spain.
If you have a speedy trial for alcohol CONSULT US , and an expert lawyer in Criminal Law will assist you in our offices in Madrid. Or call us at 91 308 86 41 .