Best Drunk Driving Lawyers in Melilla

About Drunk Driving Law in Melilla, Spain

Drunk driving, known as “conducción bajo los efectos del alcohol” in Spanish, is a serious criminal and traffic offense in Melilla, Spain. The territory follows Spanish national law, which imposes strict penalties on individuals found operating a vehicle under the influence of alcohol or drugs. Authorities in Melilla regularly conduct roadside checks and have a zero-tolerance approach to drunk driving to ensure the safety of drivers, pedestrians, and the wider community. If you are stopped and found to be above the legal blood alcohol content (BAC) limit, you may face serious legal consequences.

Why You May Need a Lawyer

Facing drunk driving charges in Melilla can be a daunting experience, especially if you are unfamiliar with Spanish legal procedures. A lawyer’s help is essential in several situations, including:

• If you are arrested or charged with driving under the influence (DUI) of alcohol or drugs
• If a breathalyzer or blood test indicates you exceeded legal BAC limits
• If you have been involved in a traffic accident while under the influence
• If you face potential license suspension, fines, or prison
• If you are a non-Spanish national unsure how charges may affect your status or international mobility
• If you need to challenge the results of a breath or blood test
• If you wish to negotiate reduced penalties or seek alternatives to imprisonment

A lawyer experienced in local regulations can help you understand your rights, represent your interests in court, and guide you through the administrative and penal procedures that follow a drunk driving charge.

Local Laws Overview

Drunk driving laws in Melilla align with national Spanish legislation, but there are some key aspects relevant to this territory:

• Legal BAC Limits: The standard legal limit is 0.5 grams per liter (g/l) of blood, or 0.25 milligrams per liter of exhaled air. For professional and novice drivers, the limit is lower, at 0.3 g/l blood or 0.15 mg/l air.
• Random Testing: Police in Melilla frequently conduct random breath checks, especially during weekends and holiday periods.
• Penalties: Penalties include heavy fines, driving license suspension for 1 to 4 years, and possible imprisonment for up to 6 months for serious offenses. In certain situations, the case may be treated as a criminal, not just an administrative, offense.
• Refusal to Test: Refusing to take a breathalyzer or blood test is a criminal offense and can lead to immediate arrest and prosecution.
• Aggravating Circumstances: Higher penalties may apply if you were involved in an accident, had minors in the car, or are a repeat offender.
• Immediate Suspension: If caught above the legal limit, police may confiscate your license on the spot until your case is resolved.

Frequently Asked Questions

What is the legal alcohol limit for drivers in Melilla?

For most drivers, the legal limit is 0.5 g/l in blood or 0.25 mg/l in exhaled air. New and professional drivers have stricter limits of 0.3 g/l and 0.15 mg/l, respectively.

What happens if I am caught above the legal limit?

You may face heavy fines, immediate license suspension, and in serious cases, criminal prosecution that could include jail time.

Can I refuse to take a breathalyzer or blood test?

Refusing to submit to testing is itself a criminal offense and may result in arrest, criminal charges, and loss of your driving license.

Is drunk driving a criminal or administrative offense in Melilla?

It can be both. Lower-level offenses may be treated as administrative violations, but higher BAC levels or aggravating circumstances will lead to criminal charges.

What penalties could I face for drunk driving?

Penalties include fines, license suspension from 1 to 4 years, community service, or prison up to 6 months. The exact penalty depends on your BAC, any aggravating circumstances, and prior offenses.

Will a drunk driving conviction affect my car insurance?

Yes, insurance companies are notified of convictions and may increase premiums or cancel your coverage.

What should I do if I am arrested for drunk driving in Melilla?

Request legal assistance immediately. Do not make statements without a lawyer present. You have the right to legal representation throughout the process.

Can foreigners be prosecuted for drunk driving in Melilla?

Yes, both residents and tourists are subject to Spanish law. Foreigners could face immediate license suspension and restrictions on driving in Spain.

How long does a drunk driving case take to resolve?

The duration varies, but administrative fines can be resolved quickly, while criminal proceedings may take several months, especially if the case goes to trial.

Can I challenge a breathalyzer or blood test result?

Yes, a lawyer can advise if there are grounds to challenge the procedure, calibration, or technical aspects of the test, which could impact your defense.

Additional Resources

If you need more information or assistance, consider contacting the following resources:

• Dirección General de Tráfico (DGT) - National authority overseeing road safety and traffic regulations in Spain
• Jefatura Provincial de Tráfico de Melilla - Local traffic office responsible for licensing, fines, and queries
• Colegio de Abogados de Melilla - Local Bar Association where you can find specialized DUI lawyers
• Local police stations in Melilla for urgent roadside incidents or legal procedures
• Emergency services (112) for situations involving accidents or injuries

Next Steps

If you are facing drunk driving charges in Melilla:

1. Remain calm and cooperate with authorities, but avoid making statements without legal advice.
2. Request legal representation as soon as possible, especially before any police interview or court appearance.
3. Contact a local lawyer with experience in drunk driving cases in Melilla to discuss your options, challenge the evidence, or negotiate penalties.
4. Gather all documents related to your case, including police reports, test results, or notices received from authorities.
5. Follow your lawyer’s advice and attend all required hearings or appointments.

Legal proceedings can be complex. With the right guidance, you can better protect your rights and work towards the best possible outcome for your situation.