Best DUI & DWI Lawyers in Melilla

About DUI & DWI Law in Melilla, Spain

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious legal offenses in Melilla, Spain. Located on the north coast of Africa, Melilla is a Spanish autonomous city and follows the same legal framework as the rest of Spain when it comes to traffic and criminal law. Spanish law imposes strict regulations on drivers regarding the consumption of alcohol or drugs, with severe penalties for those found over the legal limits. The primary aim of these laws is to ensure road safety and to prevent accidents caused by impaired drivers.

Why You May Need a Lawyer

Facing charges related to DUI or DWI in Melilla can be daunting. Spanish courts treat these offenses seriously, and there are many situations where professional legal advice is essential. Some common examples include:

• Challenging the results of a breathalyzer or blood test
• Understanding your rights and obligations during a police stop
• Defending yourself against criminal charges in court
• Negotiating reduced penalties or alternative sentencing
• Restoring your driving privileges after a suspension
• Supporting non-Spanish speakers with language barriers during legal proceedings

A lawyer can help you navigate the legal process, advise you on the best course of action, and advocate on your behalf in both administrative and criminal hearings. Early legal intervention may help reduce potential penalties and protect your record.

Local Laws Overview

In Melilla, as elsewhere in Spain, the main rules governing DUI and DWI are included in the Ley de Seguridad Vial (Road Safety Law) and the Código Penal (Criminal Code). Key points include:

• The legal blood alcohol limit for most drivers is 0.5 grams per liter (g/l) of blood, or 0.25 milligrams per liter (mg/l) in exhaled air. For newly licensed drivers and professionals, the limit is lower: 0.3 g/l in blood, 0.15 mg/l in air.
• Random alcohol and drug checks are common and permitted by law.
• Refusing to take a breathalyzer or blood test is a criminal offense and may result in more severe penalties than failing the test itself.
• Penalties can include fines, loss of driving privileges, community service, and even imprisonment for high levels or repeat offenses.
• There is a zero-tolerance policy for drivers under the influence of illegal drugs.
• Sanctions may be both administrative (fines, license suspension) and criminal, particularly for repeat offenders or if the offense leads to an accident.
• Foreign nationals and tourists are subject to the same laws and enforcement as residents.

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. For novice drivers and professionals, limits are set at 0.3 g/l and 0.15 mg/l respectively.

What happens if I refuse a breathalyzer or drug test?

Refusing to undergo a breathalyzer or drug test is a criminal offense in Spain. You may face immediate arrest, increased fines, loss of your license, and potentially a prison sentence.

Are random police checks for alcohol or drug use legal in Melilla?

Yes, the police in Melilla are authorized to conduct random checks. You are legally required to cooperate.

What are the possible penalties for a DUI or DWI conviction?

Penalties can include large fines, suspension or revocation of your driving license, mandatory community service, and even prison sentences for severe or repeated offenses.

Can I be deported for a DUI offense if I am a foreign resident?

Deportation is not automatic for a DUI offense, but serious or repeat violations may affect your legal status or immigration proceedings.

Will a DUI conviction appear on my criminal record?

Yes, criminal convictions, including DUI, will appear on your record and may affect your future employment or travel opportunities.

Is it possible to challenge the results of a breathalyzer or blood test?

Yes, an experienced lawyer can advise on potential mistakes or procedural errors that could invalidate test results.

Can I drive while my case is being decided?

It depends on the circumstances. In some cases your driving privileges are immediately suspended, while in others you may continue to drive until a final decision is made.

What should I do if I am stopped for suspected DUI in Melilla?

Remain calm, comply with police instructions, do not argue at the scene, and contact a lawyer as soon as possible for guidance.

How quickly should I contact a lawyer after a DUI arrest?

It is best to seek legal advice immediately following your arrest or charge to protect your rights and build a strong defense.

Additional Resources

If you are dealing with a DUI or DWI issue in Melilla, the following organizations and governmental bodies may provide useful information or services:

• Jefatura Provincial de Tráfico de Melilla - The local traffic authority assists with administrative processes and license matters
• Guardia Civil and Policía Local - Police forces handling traffic enforcement and criminal matters
• Colegio de Abogados de Melilla - The local bar association can refer you to a qualified lawyer
• Instituto Nacional de Toxicología y Ciencias Forenses - For issues concerning test results and forensic evidence
• Public legal aid offices - For individuals who qualify for state-supported legal representation

Next Steps

If you are facing a DUI or DWI situation in Melilla, take the following steps to protect your rights and interests:

• Do not ignore correspondence or legal notices from authorities
• Contact a local lawyer who specializes in traffic and criminal law as soon as possible
• Gather all documents and information related to your case, such as the police report and test results
• Attend all scheduled hearings and appointments
• If you do not speak Spanish fluently, request an interpreter or seek legal support in your language
• Follow your lawyer's advice about how to respond to official inquiries

Early legal assistance can make a significant difference in the outcome of your case. Do not hesitate to ask questions or seek clarification on any part of the process you do not understand.