Although we are thankfully becoming more aware that mixing alcohol and driving is one of the worst combinations we can create, there are still drivers who consume alcohol before getting behind the wheel. In this article, we will review the penalties for driving under the influence of alcohol.
Although driving with a very low blood alcohol level is permitted, we all know that the safest option is to have consumed absolutely no alcohol, as every drink affects our bodies , negatively impacting both our perception and reflexes. In other words, the best outcome for everyone is a 0,0 reading when we are given a breathalyzer test .
Maximum allowable blood alcohol levels
The maximum legal blood alcohol limits are 0,5 grams per liter of blood or 0,25 milligrams per liter of breath. The first is measured with a blood test, and the second with a breathalyzer, which involves exhaling air into the device.
However, the limits are different for professional and novice drivers (those with less than two years of driving experience). In these two cases, the maximum permitted blood alcohol level is 0,3 grams per liter or 0,15 milligrams per liter of breath.
Penalties for positive blood alcohol level
In this section, and depending on the rate, the sanction may be administrative or criminal.
Administrative route
With a blood alcohol level between 0,25 and 0,5 milligrams per liter of breath (between 0,5 and 1 gram per liter of blood) the penalty will be 500 euros and the loss of 4 points from the driving license.
Conversely, if the rate is higher than 0,5 milligrams per liter in exhaled air (more than 1 gram per liter of blood) the penalty will be 1.000 euros and 6 points.
criminal proceedings
According to the Official State Gazette (BOE), Chapter IV of Title XVII of the Penal Code states that drivers will be subject to criminal penalties when their blood alcohol level exceeds 0,6 milligrams per liter of breath or 1,2 grams per liter of blood. In this case, the driver may receive a prison sentence of 3 to 6 months, a fine of 6 to 12 months, or community service of 31 to 90 days, in addition to a driving ban for motor vehicles and mopeds of between 1 and 4 years.
Refusal to take breathalyzer, drug, and psychotropic substance tests is also severely punishable. In this case, the penalty is imprisonment for six months to one year and disqualification from driving for one to four years.