Best Drunk Driving Lawyers in Villares de la Reina

About Drunk Driving Law in Villares de la Reina, Spain

Drunk driving in Villares de la Reina is governed by Spanish national law and enforced locally by the Guardia Civil de Tráfico and, where applicable, the Policía Local. The municipality sits within the province of Salamanca in Castilla y León, so investigations and court proceedings typically run through the Juzgados de Salamanca. Spain applies a mix of administrative penalties and criminal charges depending on your blood alcohol concentration and the circumstances of the stop or accident.

Controls are common on interurban roads near Villares de la Reina and within nearby Salamanca. Officers can require you to take a roadside alcohol test. If the reading is positive, you will be taken for an evidential test, usually two breath tests separated by several minutes. Sanctions range from fines and points against your driving license to a criminal case with a driving ban and, in serious cases, prison or community service.

Why You May Need a Lawyer

You may need a lawyer if you blew over the limit at a roadside stop, if you were involved in a collision with injuries or significant damage, if your reading was high enough to trigger a criminal charge, or if you refused or could not complete the breath test. Legal help is also key for professional drivers and novice drivers because lower limits apply, for foreign drivers facing on-the-spot fines or court dates, and for anyone who relies on their license for work and must minimize license suspension time.

A lawyer can assess whether the stop and testing were lawful, check device calibration and procedural timing, advise on whether to accept a quick plea with reduced penalties, represent you at the Juzgado de Instrucción during fast-track proceedings, negotiate alternatives like community service, protect your insurance position, and manage appeals or license recovery courses.

Local Laws Overview

Legal alcohol limits in Spain apply in Villares de la Reina as follows. General drivers: 0.25 mg per liter of breath or 0.5 g per liter of blood. Novice drivers with less than two years of license and professional drivers: 0.15 mg per liter of breath or 0.3 g per liter of blood.

Administrative penalties apply when you exceed the limit but do not reach the criminal threshold. Typical fines are 500 euros and 4 points if you are above the limit up to 0.50 mg per liter of breath, and 1,000 euros and 6 points if you exceed 0.50 mg per liter of breath. For novice and professional drivers, the same fines and points apply at their lower thresholds. Reoffending within one year can increase fines.

Criminal offense under Article 379.2 of the Spanish Penal Code applies at 0.60 mg per liter of breath or 1.2 g per liter of blood, or when you drive under the influence with obvious impairment regardless of the exact reading. Penalties include prison 3 to 6 months or a fine or community work 31 to 90 days, plus a license suspension from 1 to 4 years.

Refusing to take the test is a separate crime under Article 383 with penalties of 6 months to 1 year in prison and a license suspension from 1 to 4 years. If there is an accident with injuries, additional crimes for reckless driving or negligent injury can apply.

Procedure. Officers ordinarily perform two evidential breath tests several minutes apart and record the lower result. You may request a blood test at a hospital. If it is negative you do not pay for it, if it is positive you must pay. Vehicles can be immobilized. Criminal cases commonly go through fast-track proceedings known as juicio rápido in Salamanca.

Points system. Most experienced drivers hold 12 points, which can increase to 15 with good conduct. New drivers start with 8 points. Alcohol infractions remove 4 or 6 points depending on the reading. If you lose all points your license is withdrawn and you must complete a rehabilitation course and pass tests before driving again.

Other vehicles. Riding a bicycle or a personal mobility vehicle such as an e-scooter under the influence can lead to fines and immobilization, but the criminal offense targets motor vehicles and mopeds. No points are deducted from a bicycle or e-scooter infraction, but alcohol limits and safety rules still apply.

Frequently Asked Questions

What are the legal alcohol limits in Villares de la Reina?

Spainwide limits apply. General drivers: 0.25 mg per liter of breath or 0.5 g per liter of blood. Novice drivers with less than two years and professional drivers: 0.15 mg per liter of breath or 0.3 g per liter of blood. Exceeding 0.60 mg per liter of breath or 1.2 g per liter of blood is a crime.

What happens at a roadside control if I test positive?

You will be taken to perform two evidential breath tests several minutes apart. The lower reading is used. If positive, your vehicle may be immobilized and you may receive an administrative fine and points, or be brought before a judge in Salamanca if it is a criminal reading. You can ask for a blood test.

Can I refuse the breath test?

Refusal is a separate criminal offense with higher penalties than most test results. It is generally advisable to comply and let a lawyer challenge any irregularities later. If you cannot physically perform the test, inform officers and request alternative testing such as blood.

What are the penalties for a first offense without an accident?

For readings over the limit but below 0.60 mg per liter of breath, expect a 500 or 1,000 euro fine and a 4 or 6 point deduction. For 0.60 mg per liter of breath or higher, the Penal Code penalty can be a fine or community work or prison 3 to 6 months, plus a 1 to 4 year driving ban. Courts often impose community work and a driving ban for first offenders.

Will I have a criminal record if I am convicted?

Yes for Penal Code offenses such as Article 379.2 or 383. It will appear on your criminal record until it is canceled. Cancellation is possible after you finish the sentence and spend a set period without reoffending, which for less serious penalties is usually months to a few years.

I am a foreign driver. What should I expect?

Police can require payment of fines on the spot or a bond. For criminal readings you can be detained for fast-track court in Salamanca. A court can ban you from driving in Spain. If you hold an EU license, points are recorded in Spain and the ban is enforceable in Spain. A local lawyer can coordinate with your consulate and handle court representation.

What if I was riding a bicycle or an e-scooter?

You can be breath tested and fined if over the limit. Your bicycle or scooter may be immobilized. Points are not deducted and criminal charges generally apply only to motor vehicles and mopeds, but if you cause injuries you can face separate offenses and civil liability.

How are the devices checked and can results be challenged?

Evidential breathalyzers must be approved, calibrated, and used with a proper waiting period. A lawyer can request calibration records, video, time logs, officer certification, and check whether you were offered a second test and the option of a blood test. Procedural defects can reduce or suppress evidence.

Should I accept a quick plea in a juicio rápido?

In fast-track cases, admitting the facts can reduce the penalty by one third. It can be beneficial, but it waives most appeals. You should get legal advice first, especially if you rely on your license, have prior points, or there are doubts about the evidence.

Can I appeal a fine or sentence?

Yes. Administrative fines have short deadlines to make allegations or pay with a discount, typically within 20 calendar days. Criminal judgments from fast-track proceedings have short appeal windows unless you accepted a plea. A lawyer can file appeals and seek interim measures.

Additional Resources

Dirección General de Tráfico DGT - national traffic authority that manages fines, points, and license procedures.

Jefatura Provincial de Tráfico de Salamanca - provincial traffic office for license points, suspensions, and rehabilitation courses.

Guardia Civil de Tráfico - highway traffic enforcement around Villares de la Reina and interurban roads.

Policía Local de Villares de la Reina - local enforcement within the municipality when applicable.

Juzgados de Instrucción y de lo Penal de Salamanca - courts that handle roadside crime proceedings and trials.

Ilustre Colegio de Abogados de Salamanca - bar association that offers lawyer referrals and legal guidance.

Instituto de Toxicología y Ciencias Forenses - forensic services for blood tests and toxicology in criminal cases.

Centros de Reconocimiento de Conductores in Salamanca - authorized centers for medical and psychotechnical evaluations required for license recovery.

Next Steps

Do not drive if you are under a suspension or ban. Driving while banned is a separate offense.

Write down what happened. Note times, what tests were offered, whether you ate, drank, or used mouthwash, and any health issues that could affect breath testing.

Gather paperwork. Keep the roadside test slip, summons, ticket, seizure or immobilization notice, and any hospital records. Obtain your driving record with current points and any prior infractions.

Contact a local lawyer quickly. Deadlines are short, especially for fast-track court dates and for challenging administrative fines. Ask about strategies to reduce the driving ban, eligibility for community service, and whether to seek a plea.

Consider a private toxicology evaluation if appropriate. In some cases a prompt independent test can be useful evidence.

Notify your insurer about any accident. Policies often cover third parties first, but the insurer may seek reimbursement if you were driving under the influence. A lawyer can help limit exposure.

Plan for license recovery. If you lost points or received a ban, ask about mandatory awareness and reeducation courses, medical checks, and exams. Start scheduling early to minimize time off the road.

This guide is informational only. Laws and procedures can change and outcomes depend on the facts. For tailored advice in Villares de la Reina or Salamanca, consult a qualified traffic and criminal defense lawyer.