In today’s article we are going to talk about DUI Cases (Driving Under the Influence)
In this DUI case, our client came to the office completely distressed after being accused of two crimes: one against road safety for driving with a considerable level of alcohol and another for refusing to submit to the alcohol test. We are talking about a person who has never had problems with the law and who was utterly devastated.
What Happened in DUI Cases?
Our client was driving on the street with her vehicle after having previously consumed an amount of alcoholic beverage when the Civil Guard stopped her. They noticed that when she tried to park, she caused damage to the parked vehicle. She was asked to take a breathalyzer test, and after three failed attempts, the report states the following: Required by the authority, she refused to submit to the breathalyzer tests.
Accusations and Crimes Involved in DUI Cases
What our client did not realize when she came to the office was that she was not only accused of one crime, that of a DUI, but there was also a second crime related to the refusal to submit to the breathalyzer test under Article 383 of the Penal Code, an even more serious crime due to the penalty it carries, which includes prison time without the possibility of opting only for a fine.
Negotiation with the Prosecutor in DUI Cases
What did we achieve after the negotiation with the Prosecutor? The second charge, the refusal to submit to the breathalyzer test, was dismissed. We convinced the Prosecutor and the Judge that our client, in her nervous state, was unable to perform this test. She was under medical treatment, having taken the pills recommended by her doctor that morning. However, at no time did she refuse to take the test.
Outcome of the First DUI Charge
Regarding the first charge, the DUI, which can also lead to a prison sentence depending on the level of alcohol ingested, we managed to reduce it to a fine.
Luck and Support Throughout the Process
Moreover, there was a moment in the entire process where luck was on our client’s side. The fact that the affected party, the owner of the parked car, never claimed for the damages caused to his vehicle, was beneficial.
Work in Court
Finally, after a whole morning of work in court, doing our job well, which consisted not only of fighting in the courtroom or in the negotiation but also in reassuring our client, especially if it was their first time in such a situation, we achieved a good result. Everything ended in a fine, with a request already made for installment payments.
Client Satisfaction
Seeing our client happy and smiling when the case was concluded, after having met them completely devastated, fills us with pride and joy.
Legislation on DUI Cases
In Spain, DUI cases are mainly regulated in the Penal Code. Below are the key provisions:
Article 379 of the Penal Code
- Penalties:
- Prison from three to six months.
- Fine from six to twelve months.
- Community service from thirty-one to ninety days.
- Loss of driving privileges:
- Driving ban for motor vehicles and mopeds for a period of one to four years.
- Conditions:
- Driving a motor vehicle or moped under the influence of alcoholic beverages.
- Exceeding the levels of:
- 0.25 milligrams per liter of breath.
- 0.5 grams per liter of blood.
Article 383 of the Penal Code
- Penalties:
- Prison from six months to one year.
- Loss of driving privileges:
- Driving ban for motor vehicles and mopeds for a period of one to four years.
- Conditions:
- Refusal to undergo tests for detecting alcohol in the body when required by an authority.
Importance of the Legislation
These laws reflect the seriousness with which DUI cases are treated in Spain, emphasizing the importance of road safety and compliance with traffic regulations. The strict regulations and severe penalties aim to prevent accidents and ensure that the roads are safe for all users.
Conclusion
This case exemplifies how good legal advice can make a significant difference in the outcome of a judicial process. Dedication and thorough work in negotiating with the Prosecutor and Judge, as well as close support for the client, are crucial to achieving a favorable result.
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