Best DUI & DWI Lawyers in Santa Cruz de Tenerife

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Hernández Abraham Abogados
Santa Cruz de Tenerife, Spain

English
Hernández Abraham Abogados, based in Santa Cruz de Tenerife, Spain, offers comprehensive legal services in criminal justice, divorce, family law, and insurance matters. The firm is committed to delivering personalized solutions tailored to each client's unique circumstances, ensuring effective and...
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About DUI & DWI Law in Santa Cruz de Tenerife, Spain

Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious legal offense in Santa Cruz de Tenerife, Spain. The Spanish legal system enforces strict road safety regulations to prevent accidents caused by impaired driving. Being found intoxicated while operating a motor vehicle can result in criminal charges, administrative penalties, and significant personal and financial consequences. The local authorities consider both alcohol and drugs when determining impairment. Understanding the nuances of these laws is essential for both locals and visitors driving in Santa Cruz de Tenerife.

Why You May Need a Lawyer

Many people find themselves in need of legal representation following a DUI or DWI charge for reasons such as:

  • Uncertainty about legal rights during police stops or sobriety checks
  • Facing complex legal terminology or court procedures
  • Dealing with severe penalties including fines, license suspension, or even imprisonment
  • Wanting to challenge the accuracy of breathalyzer or field sobriety tests
  • Seeking a reduced penalty or alternative sentencing options
  • Concern about a criminal record impacting employment or travel plans
  • Needing to avoid insurance premium increases due to a conviction

Engaging an experienced lawyer is critical to protect your rights and achieve the best possible outcome if you are accused of DUI or DWI in Santa Cruz de Tenerife.

Local Laws Overview

Spanish law prescribes stringent limits for blood alcohol concentration (BAC) when operating a vehicle:

  • General drivers: Maximum BAC allowed is 0.5 grams per liter of blood (0.25 mg/l in exhaled air)
  • Novice drivers (less than two years of license): Maximum BAC is 0.3 grams per liter (0.15 mg/l in exhaled air)
  • Professional drivers: Same as novice drivers

The presence of any illegal drugs in a driver's system can also result in prosecution. Police frequently conduct random roadside checks and use both breathalyzer and saliva tests to determine intoxication. Refusing a test is considered a serious offense and can carry penalties similar to or greater than a positive result.

Penalties for DUI or DWI in Santa Cruz de Tenerife can include:

  • Fines from a few hundred up to several thousand euros
  • Loss of driving license for 1 to 4 years
  • Community service or mandatory rehabilitation programs
  • Imprisonment for repeat or aggravated offenses
  • A permanent criminal record

Court cases are handled in local criminal courts, and administrative penalties may also apply through the Dirección General de Tráfico (DGT).

Frequently Asked Questions

What is considered DUI or DWI in Santa Cruz de Tenerife?

DUI or DWI includes operating a motor vehicle while exceeding the legal limits of alcohol or with any detectable amount of illegal drugs in your system.

What are the penalties for a first-time DUI offense?

First-time offenders may face fines, license suspension up to 1 year, community service, and a potential prison sentence depending on the severity of the offense.

Can I refuse a breathalyzer or drug test?

Refusing to undergo a breathalyzer or drug test is a criminal offense in Spain and can lead to arrest, heavy fines, and longer license suspension.

Are DUI or DWI charges criminal or administrative in Spain?

DUI or DWI can result in both administrative penalties (like fines or license suspension) and criminal charges, especially if the BAC is high or there is an accident involved.

Do I need to hire a local lawyer if I am charged?

It is highly advisable to engage a lawyer familiar with local procedures in Santa Cruz de Tenerife to ensure your rights are protected and to potentially reduce your penalties.

Will a DUI conviction show up on my criminal record?

Yes, a DUI conviction can result in a permanent criminal record in Spain, which can impact employment and travel prospects.

What happens if I am a non-resident or tourist and I am charged with DUI?

Non-residents and tourists are subject to the same laws and penalties. You may be required to appear in court, pay fines, and could face driving bans throughout the EU.

Can my vehicle be impounded?

Yes, authorities can impound your vehicle if you are found driving under the influence, especially in repeat or severe cases.

What is an “aggravated” DUI?

An aggravated DUI may involve driving with very high BAC, causing an accident, or driving with minors present. Penalties for aggravated offenses are much more severe.

Is it possible to challenge DUI evidence in court?

Yes, your lawyer can challenge the validity of the tests, the procedure followed by police, or other evidence as part of your defense.

Additional Resources

Consider the following resources if you need more information or assistance regarding DUI and DWI in Santa Cruz de Tenerife:

  • Dirección General de Tráfico (DGT) - Responsible for traffic regulations and administrative penalties
  • Local Policía and Guardia Civil offices in Santa Cruz de Tenerife
  • Ilustre Colegio de Abogados de Santa Cruz de Tenerife - The provincial bar association can help locate qualified DUI lawyers
  • Local Consulate or Embassy - For non-Spanish citizens in need of legal support
  • Court system in Santa Cruz de Tenerife for procedural or case-specific inquiries

Next Steps

If you are facing a DUI or DWI charge in Santa Cruz de Tenerife, here is what you should do:

  • Do not admit guilt or discuss your case without legal representation
  • Gather all documents and evidence related to your arrest or charge
  • Contact a local lawyer who specializes in DUI and DWI cases as soon as possible
  • Follow your lawyer's advice carefully and attend all scheduled court hearings or administrative appointments
  • If you are a visitor or non-resident, immediately inform your consulate or embassy

Acting promptly and securing expert legal assistance can make a significant difference in the outcome of your case in Santa Cruz de Tenerife.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.