Best Drunk Driving Lawyers in Bilbao

About Drunk Driving Law in Bilbao, Spain

This guide explains the main legal aspects of drunk driving that apply in Bilbao, Spain. Traffic and criminal rules that regulate driving under the influence are set at the national level, so the same legal framework applies in Bilbao as in the rest of Spain. Two separate legal tracks are commonly involved - administrative traffic sanctions governed by road safety law and, for more serious cases, criminal prosecution under the Penal Code. Local police forces - Policía Local in Bilbao and the Guardia Civil when applicable - enforce the rules on the street and at checkpoints, and criminal matters are handled by the courts in Bizkaia.

Why You May Need a Lawyer

People facing drunk driving matters often need legal help for several reasons:

- Criminal exposure - If your alcohol level exceeds the criminal threshold, if you caused an accident with injuries or fatalities, or if there was a refusal to submit to testing, you may face criminal charges that could bring imprisonment, a driving ban and a criminal record.

- Administrative sanctions - Even when a case is handled as an administrative traffic offense you can face fines, loss of points and temporary license suspensions. A lawyer can help reduce or contest those sanctions.

- Challenging test procedures and evidence - Breathalyzer and blood tests must follow strict procedures. A lawyer can review whether tests were carried out correctly, whether equipment was calibrated and whether your rights were respected during the stop and testing process.

- Negotiation and mitigation - In criminal cases a lawyer can negotiate plea agreements, request reduced sentences or propose alternative penalties such as rehabilitation programs or community service.

- Protecting insurance and civil liability interests - After accidents, you may face civil claims from injured parties. A lawyer can coordinate defense against civil claims and help interface with insurers.

- Practical procedural help - Lawyers guide you through police statements, court appearances, appeals and administrative appeals at the provincial traffic office.

Local Laws Overview

Key legal points to know in Bilbao and across Spain:

- Legal limits - General drivers: 0.5 grams of alcohol per liter of blood (0.25 milligrams per liter in exhaled breath). Novice drivers and professional drivers: lower limits - 0.3 g/l blood (0.15 mg/l breath).

- Administrative versus criminal thresholds - If you exceed the general administrative limits you face traffic sanctions - fines and points loss. There is a higher threshold that typically triggers criminal prosecution: roughly 0.60 mg/l in exhaled breath or 1.20 g/l in blood. Exceeding this level, or actions such as refusal to take a test, driving under the influence causing serious harm, or repeated offenses, can lead to criminal charges.

- Penalties - Administrative penalties commonly include fines and the withdrawal of driving points. Criminal penalties can include imprisonment, fines, and disqualification from driving for a period of time - and result in a criminal record.

- Roadside procedure - Police may perform a preliminary breath test at the scene. If the preliminary test is positive, a confirmatory test is performed - either a calibrated breathalyzer at a police station or a blood test at a medical facility. Tests and procedures must comply with legal safeguards - you have rights to information, interpretation if needed, and to obtain a copy of reports.

- Refusal to test - Refusing to submit to required tests can be treated as an offense and may produce penalties similar to those for driving above the criminal limit.

- Who enforces and adjudicates - Day-to-day enforcement in Bilbao is carried out by Policía Local and Guardia Civil agents. Administrative traffic sanctions are handled by the Provincial Traffic Office (Jefatura Provincial de Tráfico de Bizkaia) and appeals can be taken to administrative courts. Criminal cases are prosecuted in the local criminal courts and may be handled by the public prosecutor.

Frequently Asked Questions

What is the legal blood alcohol limit in Bilbao?

The national limits apply in Bilbao. For most drivers the limit is 0.5 g/l in blood or 0.25 mg/l in breath. Novice and professional drivers have lower limits - 0.3 g/l blood or 0.15 mg/l breath.

What happens if I am stopped and fail a breath test?

If you fail a preliminary roadside breath test, police will usually take you for a confirmatory test. Consequences depend on the measured level. If the level is over the administrative limit you may be fined, lose points and face temporary license measures. If it is over the criminal threshold you may be detained and investigated for a criminal offense.

Can I refuse to take a breath or blood test?

Refusal is risky. Refusing to take legally required tests can be prosecuted and can lead to penalties similar to those for serious drunk driving offenses. It is important to consult a lawyer quickly if you refused a test.

Will I go to jail for drunk driving?

Most administrative-level offenses do not lead to imprisonment. Criminal cases - such as driving above the criminal threshold, driving under the influence that causes injury, or repeated serious offenses - can lead to prison sentences, typically in ranges prescribed by the Penal Code. A lawyer can explain the likely exposure in your specific case.

How long does a drunk driving case take?

Timing varies. Administrative procedures - fines and points - can be resolved in weeks to a few months. Criminal proceedings take longer - several months to over a year - depending on the complexity, whether the case goes to trial, and court calendars.

Can a lawyer challenge breathalyzer or blood test results?

Yes. A lawyer can examine test records, calibration certificates, chain of custody for blood samples, medical reports, police procedures and witness statements. Procedural errors, faulty calibration, or problems in handling samples can be grounds to reduce or dismiss charges.

Will a drunk driving conviction affect my driving license?

Yes. Administrative sanctions often include a loss of points and temporary suspension. Criminal convictions usually include disqualification from driving for a set period, which may be longer than administrative suspensions. The exact effect depends on the level and classification of the offense.

How does a drunk driving charge affect car insurance?

Insurance companies typically view drunk driving unfavorably. A charge or conviction may lead to higher premiums, claim denials if you are at fault, or in some cases cancellation of coverage. Inform your insurer promptly and consult a lawyer to handle civil liability claims arising from accidents.

What should I do immediately after being stopped for suspected drunk driving?

Stay calm and polite, provide identification and comply with lawful orders. You have the right to be informed of the charge and to request an interpreter if needed. You should avoid making statements that could worsen your situation and should ask for legal representation as soon as possible. If possible, take photos of the scene and note witnesses.

How do I find a lawyer in Bilbao who handles drunk driving cases?

Look for lawyers who specialize in criminal law or traffic law and who have experience with drunk driving cases in Bizkaia. The local Bar Association - Colegio de Abogados de Bizkaia - can provide referral information. Many lawyers offer an initial consultation to explain the likely procedure and charges.

Additional Resources

Useful organizations and bodies to contact or consult when dealing with drunk driving matters in Bilbao include:

- Dirección General de Tráfico - national authority that sets traffic rules and guidelines.

- Jefatura Provincial de Tráfico de Bizkaia - provincial traffic office that handles administrative sanctions and licensing matters.

- Policía Local de Bilbao - local police who enforce traffic rules in the city.

- Guardia Civil - traffic units that may be involved on regional roads and highways.

- Local criminal courts and Fiscalía - for information on criminal procedures and prosecution in Bizkaia.

- Colegio de Abogados de Bizkaia - for lawyer referrals and information about legal aid and the turno de oficio system for those who qualify for free legal assistance.

- Victim support services - for people harmed by drunk driving incidents who may need counseling and guidance on civil claims.

Next Steps

If you need legal assistance in a drunk driving matter in Bilbao, follow these steps to protect your rights and interests:

- Stop driving and prioritize safety - If you are currently involved in an incident, ensure everyone is safe and call emergency services if needed.

- Request legal representation - contact an experienced traffic or criminal lawyer in Bilbao as soon as possible. If you cannot afford a lawyer, ask about legal aid through the Colegio de Abogados de Bizkaia.

- Preserve evidence - obtain copies of police reports, breath or blood test results, witness names and contact details, medical reports and any photos from the scene.

- Do not sign statements without advice - avoid making admissions or detailed statements to police or insurers before consulting your lawyer.

- Communicate with your insurer - inform your insurance company about the incident and follow their instructions, while coordinating with your lawyer.

- Prepare for administrative and criminal processes - your lawyer will explain deadlines for appeals, possible defensive strategies, and what happens at hearings or trials.

- Consider mitigation steps - depending on the case, participation in alcohol education or rehabilitation programs and cooperation with authorities can sometimes help mitigate penalties.

Getting prompt legal advice increases your chances of a better outcome. A local lawyer will guide you through both administrative and criminal routes, help preserve procedural rights, and work to reduce the practical and legal consequences you face.