New
changes in the Spanish Criminal Code (Código Penal)
affecting “drinking and driving”.
As from the beginning
of October 2004 there are new regulations that we all
need to take into account when going out and driving.
As a result, drinking and driving is simply not “possible”
in Spain anymore.
A few years ago, we did
not have many regulations that limited the amount of alcohol
when driving, but in the last years, Spain has been implementing
severe regulations becoming one of the hardest countries
in terms of economic and legal consequences.
We all know that most
of drivers cannot drive any vehicle with more than 0,25
milligrams when you are breathalised. People who have
recently obtained the driving license and professional
drivers are even more limited (0,15).
The latest change with
regards to this subject is the new modification of our
Criminal Code, implementing hard fines and penalties which
can be between 550,000 euro up to 110.000,00 euro.
If you are also “performing”
an unreasonable driving and are above the alcohol limit,
you can end up spending up to two years in jail!, having
the Spanish judge the last word about it.
Your driving license can
also be removed from 1 to 4 years, depending on the level
of alcohol when driving and the judge can also impose
you to work for the Community between 31 and 90 days.
But when will you be facing
jail? What will be the factor which determines that your
process will be just an administrative or a criminal one?
It is not yet clear and we will have to wait until the
future application of the new law and the jurisprudence.
For the time being, it
is important to know that the police agent (either guardia
civil or local police) who stops you and the judge will
be the most relevant ones and their reports and judgements
will decide whether your process will be either Administrative
or Criminal and therefore, your behaviour with them is
fundamental.
Please take this note
as a serious advice. Police and Guardia Civil are increasing
their controls every day in every part of Spain, but particularly
in areas like Marbella, Sotogrande and in general, the
Costa del Sol.
PremierLaw October 2004