Best DUI & DWI Lawyers in Bilbao

About DUI & DWI Law in Bilbao, Spain

This guide explains the main points people should know when facing allegations of driving under the influence of alcohol or drugs in Bilbao, Spain. Spain treats impaired driving seriously. Depending on the circumstances, an alleged DUI or DWI can lead to administrative sanctions - such as fines, points loss and license suspension - or to criminal prosecution, which can involve heavier penalties including fines, disqualification from driving and even imprisonment in the most serious cases. Local police - including the municipal police of Bilbao and the Basque regional police, Ertzaintza - and national traffic authorities handle stops and tests. Court proceedings for criminal cases take place in the Spanish judicial system, while the Dirección General de Tráfico (DGT) manages administrative sanctions and the points system.

Why You May Need a Lawyer

You should consider hiring a lawyer when facing any DUI or DWI matter that could result in administrative penalties, criminal charges, or lasting consequences - for example, loss of livelihood, deportation risk for non-citizens, or damage to professional licenses. A lawyer can protect your rights at the roadside and through police procedures, challenge the legality or accuracy of breath or blood tests, advise about the likely outcomes and defenses, negotiate with prosecutors, represent you at hearings, and help limit sanctions such as license disqualification or prison sentences where applicable.

Common situations where legal help is advisable include:

- If you are detained or formally charged with a criminal offense related to driving under the influence.

- If you refused a breath or blood test or the police claim you refused.

- If an accident occurred and there are injuries or fatalities.

- If you face repeated or aggravated allegations - for example recurring offenses, driving with very high alcohol levels, or involvement of illegal drugs.

- If you are a professional driver or your job depends on having a clean driving record.

Local Laws Overview

Key legal features relevant in Bilbao and across Spain include:

- Administrative and criminal regimes - Spain separates traffic-related administrative sanctions from criminal offenses. Low-to-moderate excesses often produce administrative penalties - fines, points deduction and temporary license withdrawal. Higher levels of intoxication, driving that creates a substantial risk, causing injury or death, or refusal to submit to tests are more likely to trigger criminal charges under the Penal Code.

- Blood-alcohol limits - Spanish traffic rules set maximum permitted alcohol levels for drivers. There are generally stricter limits for novice drivers and professional drivers. These limits are enforced by roadside breath tests and, when required, confirmatory blood analysis in medical or forensic settings.

- Roadside testing - Police commonly use breathalyzer devices at the roadside. If an initial test suggests excess alcohol, police may require a confirmatory test or transport you for a medical blood test. Refusing to submit to legally-required tests can itself lead to charges or sanctions.

- Points system - Spain operates a points-based driving license system. Administrative sanctions for driving under the influence typically include a fine and loss of points; severe cases lead to license suspension or withdrawal.

- Criminal penalties - Criminal convictions can carry a combination of prison, fines and driving disqualification for a set period. If an incident causes injury or death, penalties increase. Repeat or very high-level offenses are treated more harshly.

- Authorities involved - Roadside enforcement in Bilbao may be carried out by the municipal police, Ertzaintza, or Guardia Civil on highways. Administrative driver-license actions are handled by the DGT and its provincial offices. Criminal matters go to the courts - typically Juzgados de Instrucción and Juzgados de lo Penal for prosecution and trial.

Frequently Asked Questions

What should I do at the roadside if I am stopped and the police suspect I am impaired?

Stay calm and comply with lawful police instructions. You should provide identification and your driving license. You may be asked to perform a breath test - cooperate and follow the steps. You have the right to ask for an interpreter if you do not speak Spanish. Avoid aggressive behavior or admitting facts that could be used against you - you have the right to remain silent about specific details. If detained, request to speak with a lawyer as soon as possible.

Can I refuse a breath or blood test?

Refusing a breath or blood test is risky. In Spain, refusal to submit to legally-required testing can be an offense with its own sanctions and may strengthen the prosecution's case. Refusal may lead to immediate administrative consequences and can be used in criminal proceedings. If you have medical reasons or other concerns, explain them calmly and ask for alternatives - but be aware that refusal is not a safe way to avoid penalties.

What are the likely immediate consequences if I fail a roadside breath test?

Immediate consequences commonly include being taken to a police station for further testing, being fined or receiving a provisional withdrawal of your driving license pending administrative procedures, and possible detention if there is evidence of a serious offense or dangerous driving. In many cases, police will issue an administrative sanction notice and inform the DGT, which may deduct points or start proceedings to suspend your license.

How do criminal charges for DUI differ from administrative penalties?

Administrative penalties are handled by the traffic authority and usually result in fines, points deduction and administrative license suspension. Criminal charges are prosecuted by the public prosecutor and processed in criminal courts; they can lead to criminal convictions, which may include fines, prison, and disqualification from driving for a set term. Criminal proceedings often arise when the driving created significant danger, caused injuries or fatalities, or when alcohol/drug levels exceed thresholds associated with criminality.

What defenses can a lawyer raise in a DUI case?

Possible defenses depend on the facts but commonly include challenging the legality of the stop, the accuracy or calibration of breathalyzer devices, proper procedure for conducting the test, the chain-of-custody and analysis of blood samples, medical conditions that affect results, and contesting whether the driving created a sufficient level of danger to qualify as a criminal offense. A lawyer may also negotiate reduced charges or alternative sanctions in plea discussions.

How long does a DUI stay on my criminal record and on my driving record?

For criminal convictions, the filing will remain on your criminal record according to Spanish rules on records and rehabilitation - this can vary with the severity of the offense and the passage of time. Administrative records - such as points deductions and license suspensions - are managed by the DGT and may affect your license for the duration of the sanction; points may be restored over time subject to DGT rules. If you need exact timelines for record expungement or rehabilitation, consult a lawyer who can review your case and applicable rehabilitation rules.

If I lose my driving license in Spain, can I still drive in other EU countries?

License disqualifications issued in Spain are generally recognized and enforced within Spain. Recognition in other EU countries can occur through information exchange systems - but enforcement across borders depends on the specific measures taken. If you are licensed in another EU country or plan to drive abroad, discuss the details with a lawyer - cross-border recognition and enforcement can be complex.

Will a DUI affect my immigration or employment status?

Yes. A criminal conviction for DUI may have immigration consequences for non-Spanish nationals - including residency permit reviews or complications with naturalization. Professional drivers or those with jobs that require driving may face administrative sanctions from employers or regulators that could lead to suspension or loss of employment. Always inform your lawyer about immigration status and employment concerns so they can advise on mitigating steps.

How much does a DUI lawyer cost in Bilbao?

Costs vary by firm, the complexity of the case and whether the matter is administrative or criminal. Some lawyers charge a fixed fee for common procedures and consultation, while others bill by the hour. If you are arrested, ask about legal-aid eligibility - if you meet income or other requirements you may qualify for free legal assistance under Spain's legal-aid system. Always get a written fee agreement that explains what is included.

What happens if I caused an accident and someone was injured?

When an impaired driver causes an accident with injuries, the case is likely to be treated as a serious criminal matter. Possible consequences include criminal charges for negligent or reckless conduct, civil liability for damages and medical costs, and administrative penalties. Immediate steps include obtaining legal representation, cooperating with lawful police and medical procedures, and preserving any evidence or witness information that may be relevant for your defense.

Additional Resources

For further information and assistance in Bilbao, consider contacting or consulting the following types of bodies and organizations - search locally for their Bilbao offices:

- Dirección General de Tráfico (DGT) - for information on administrative sanctions, points system and license procedures.

- Jefatura Provincial de Tráfico - the local provincial office that handles license-related administrative actions.

- Ertzaintza and Bilbao municipal police - the local law-enforcement agencies involved in roadside stops and testing in the Basque Country.

- Juzgados de Instrucción and Juzgados de lo Penal - the courts that deal with criminal investigations and trials.

- Colegio de Abogados de Bizkaia - the Biscay Bar Association - for lawyer referrals and lists of criminal defense or traffic-specialist attorneys.

- Legal-aid office - for information on eligibility for state-funded legal assistance if you cannot afford private counsel.

- Local victim support services - if you are a victim of a DUI incident, these services can provide guidance and support through medical, legal and compensation processes.

Next Steps

If you need legal assistance for a DUI or DWI matter in Bilbao, follow these steps:

- Prioritize safety and compliance - if stopped, comply with lawful instructions and prioritize medical care for anyone injured.

- Document what happened - as soon as you can, write down events, times, witness names and any facts that may be useful to your lawyer.

- Contact a lawyer experienced in traffic and criminal law - seek a specialist who understands both administrative DGT procedures and criminal prosecution in Bilbao.

- Preserve evidence - keep any records you have - test receipts, police notices, medical reports, photos and insurance documents.

- Check legal-aid eligibility - if cost is a concern, determine if you qualify for public legal assistance.

- Do not drive if your license is suspended or if you have been advised not to by your lawyer - driving while suspended risks more severe sanctions.

- Prepare for hearings - work with your lawyer to build a defense strategy, attend required appointments and meet deadlines for administrative or judicial processes.

Remember that this guide provides general information and is not a substitute for advice from a qualified lawyer who can assess the specifics of your case. Seek legal counsel promptly to protect your rights and achieve the best possible outcome for your situation.