Best DUI & DWI Lawyers in Puerto de Santiago

About DUI & DWI Law in Puerto de Santiago, Spain

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses throughout Spain, including Puerto de Santiago in Tenerife. These terms generally refer to operating a vehicle while impaired by alcohol, drugs, or other substances that affect your ability to drive safely. The legal framework in Spain sets strict limits regarding blood alcohol concentration (BAC) and has established severe penalties to discourage and punish offenders. Authorities in Puerto de Santiago enforce these laws rigorously to ensure public safety on the roads.

Why You May Need a Lawyer

Encountering a DUI or DWI charge in Puerto de Santiago can have significant consequences. You may need a lawyer if you are accused of:

• Being over the legal BAC limit when stopped at a roadside control or checkpoint
• Refusing to submit to a breathalyzer, blood, or urine test
• Causing a traffic accident while under the influence
• Being a repeat offender with previous DUI or DWI convictions
• Facing license suspension, fines, community service, or possible jail time
• Having your vehicle impounded by the authorities
• Being a foreign national dealing with police and court proceedings in a different language

Legal assistance is crucial to ensure your rights are protected, navigate complex administrative and criminal procedures, negotiate possible reductions in penalties, and receive advice tailored to your specific situation.

Local Laws Overview

Puerto de Santiago adheres to Spain’s national traffic and criminal laws concerning DUI and DWI. Here are some of the key aspects:

• The legal BAC limit for private drivers is 0.5 grams per liter (g/l) in blood, which often corresponds to 0.25 mg/l in exhaled air. For novice drivers (with a license for less than 2 years) and professional drivers, the limit is lower: 0.3 g/l in blood.
• Being caught with a BAC over 0.6 g/l in blood, or 0.25 mg/l in breath, is treated as a criminal offense rather than just an administrative infraction.
• Refusing to take a breathalyzer test is itself a criminal offense, and you may be prosecuted accordingly.
• DUI or DWI penalties can include fines, withdrawal of points from your driving license, license suspension from 1 to 4 years, community service, and even imprisonment in severe or repeat cases.
• Aggravating factors, such as causing injury or death, result in significantly harsher penalties under the Spanish Penal Code.
• Administrative and criminal proceedings may occur in parallel, meaning you could face both immediate administrative sanctions and a later court appearance.

Frequently Asked Questions

What is the legal alcohol limit for drivers in Puerto de Santiago?

For most drivers, the limit is 0.5 g/l in blood (0.25 mg/l in exhaled air). For novice and professional drivers, it is 0.3 g/l in blood.

What happens if I refuse a breathalyzer or drug test?

Refusal is a criminal offense and could result in prosecution, fines, license suspension, and potentially imprisonment.

Can I go to jail for DUI or DWI in Puerto de Santiago?

Yes, especially if your BAC is significantly above the limit, you are a repeat offender, or your actions caused harm to others.

Will I lose my driving license if convicted of DUI or DWI?

License suspension is a common penalty and can last from months to several years depending on the circumstances.

How are DUI or DWI cases handled if I am a tourist or non-Spanish resident?

You will still be subject to Spanish law. Legal proceedings may be more complex, and you may be required to appear in court. Consulting a local lawyer who can assist with language barriers and procedures is highly advised.

Are the penalties different for drugs vs. alcohol?

Driving under the influence of drugs is treated similarly to alcohol and carries equivalent or sometimes more severe penalties, with zero tolerance for illegal substances.

Can I challenge DUI or DWI charges in court?

Yes, you have the right to legal defense and to contest evidence or circumstances. A qualified lawyer can review the details and represent your interests in court.

What immediate actions should I take if caught for DUI or DWI?

Remain calm, cooperate with the authorities, and request legal assistance as soon as possible. Do not sign documents you do not understand.

Do I need to inform my insurance if I am charged?

Yes. Concealing a conviction can void your insurance policy. DUI or DWI convictions often lead to increased premiums or policy cancellation.

Will a DUI or DWI conviction affect my ability to drive in other countries?

A conviction in Spain may impact your eligibility to drive elsewhere, especially within the European Union, where information is often shared between member states.

Additional Resources

• Dirección General de Tráfico (DGT) - The Spanish authority for road safety, driving license regulations, and DUI or DWI information.
• Guardia Civil de Tráfico - Local law enforcement responsible for traffic monitoring and enforcement.
• Municipal Police of Puerto de Santiago - For local assistance and reporting traffic incidents.
• Bar Associations of Tenerife - For referrals to specialized DUI and DWI lawyers.
• Local health services - For substance abuse support and counseling.

Next Steps

If you are facing DUI or DWI charges in Puerto de Santiago, taking prompt and informed action is essential:

• Do not panic. Cooperate respectfully with the authorities.
• Contact a local lawyer experienced in DUI and DWI law as soon as possible.
• Gather and preserve any relevant documentation, such as test results or police reports.
• Avoid making statements or signing documents without proper legal advice if you are not confident in your understanding.
• Attend all required court hearings and comply with any administrative orders.
• Consider seeking assistance from your consulate if you are a foreigner for extra support during legal proceedings.

A qualified legal professional can evaluate your case, explain your options, and represent you in negotiations and court proceedings to ensure the best possible outcome.