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In Dos Torres, a drink-driving matter may begin with a roadside breath test by the Guardia Civil, particularly on routes serving the municipality and surrounding Los Pedroches villages. The case can become either an administrative traffic proceeding or a criminal prosecution, depending on the result, driving circumstances, and evidence of impairment.
Criminal cases are generally handled through the courts serving the Pozoblanco judicial district, while the Directorate-General for Traffic may process administrative penalties. A lawyer can identify the correct route, review the testing records, and protect the driver’s rights at each stage.
Possible consequences include a fine, loss of driving entitlement, imprisonment in the most serious cases, vehicle-related measures, and a criminal record. The precise outcome depends on the alcohol reading, any signs of impaired driving, previous convictions, an accident, and whether another person was injured.
Organic Law 10/1995 of 23 November, the Criminal Code. Article 379.2 covers driving under the influence of alcohol or drugs and sets the offence based on impaired driving. It also provides the specific alcohol thresholds of more than 0.60 milligrams per litre of breath or 1.2 grams per litre of blood. The Code entered into force on 24 May 1996 and has since been amended.
Royal Legislative Decree 6/2015 of 30 October, approving the consolidated text of the Law on Traffic, Motor Vehicle Circulation and Road Safety. This is the main framework for administrative traffic offences, sanctions, licence points, and enforcement. Its consolidated text entered into force on 31 January 2016, subject to later amendments.
Royal Decree 1428/2003 of 21 November, approving the General Traffic Regulations. This regulation contains rules on alcohol testing, driver obligations, and road conduct. It entered into force on 23 January 2004 and has been amended over time, so the version applicable on the incident date matters.
No. A positive result may lead to an administrative sanction or a criminal case, depending on the reading and the surrounding evidence. Readings above the Criminal Code thresholds can support prosecution, while impairment evidence may also matter below those figures.
The Guardia Civil may conduct an initial test and then a second evidential test. Officers may also record driving behaviour, physical signs, statements, and any accident details before referring the matter to the appropriate authority.
Yes, where there is a proper factual basis. The defence can examine the device’s verification, calibration, maintenance, test sequence, operator records, and the consistency of the two readings.
It depends on the procedure and the court’s instructions. Some juicio rápido matters may be dealt with through a hearing in the relevant court, and failure to attend can create serious problems, so the summons should be reviewed immediately.
A juicio rápido is an accelerated criminal procedure used for certain offences with straightforward evidence, including many roadside alcohol cases. It may involve an early hearing and, where legally available, an agreement that reduces the sentence.
A criminal conviction under the relevant Criminal Code provisions normally includes a prohibition on driving for a specified period. The exact period depends on the offence, sentence, previous history, and any agreement reached.
Fees are not fixed by a single national price and vary according to the procedure, hearing requirements, evidence, and whether an appeal is needed. Before engagement, request a written estimate covering meetings, court attendance, expert review, VAT, and possible additional charges.
Potentially, if the financial and legal conditions under Spain’s legal-aid rules are met. An application may be made through the relevant court or the Colegio de Abogados de Córdoba, and the lawyer can explain the documents and deadlines required.
No. Refusing an alcohol or drug test when legally required can itself constitute a criminal offence. The consequences may be separate from any allegation that the driver was under the influence.
Non-residents remain subject to Spanish traffic and criminal law while driving in Dos Torres. A lawyer can explain service of documents, court attendance, translation needs, licence consequences, and the effect of the case in the driver’s home country.
Yes. An accident may lead to additional allegations or compensation claims, especially where someone suffered injury or significant damage. The lawyer should examine accident reconstruction, medical evidence, insurance coverage, and the link between the alcohol allegation and the harm.
Contact should be made as soon as possible, preferably before the first court appearance or any formal statement after release. Early review helps preserve evidence and allows advice about a rapid procedure, an administrative response, or an application for legal aid.
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