Best DUI & DWI Lawyers in Villares de la Reina

About DUI & DWI Law in Villares de la Reina, Spain

In Spain, what many English speakers call DUI or DWI is regulated nationally as driving under the influence of alcohol or drugs. You will see the terms alcoholemia and conducción bajo la influencia. Villares de la Reina is a municipality in the province of Salamanca, so national rules apply and are enforced locally by the Guardia Civil de Tráfico and the Policía Local, with cases generally processed by the courts in Salamanca.

Spanish law distinguishes between two paths. There are administrative infractions handled by the traffic authority for driving with alcohol or drug presence above set limits without clear criminal impairment. There are also criminal offenses judged by the courts when the alcohol level is very high, when there is obvious impairment, or when a driver refuses testing. Penalties can include fines, points deducted from your license, a driving ban, community service, or even imprisonment for the most serious cases.

Roadside checks are common around Salamanca and nearby routes that cross Villares de la Reina, especially evenings, weekends, and during local festivities. Controls typically include a breath test for alcohol and, where appropriate, a saliva test for drugs.

Why You May Need a Lawyer

A lawyer can help you understand the exact nature of the accusation administrative or criminal and the real consequences for your license, your ability to work, and your record. Common situations where legal help is important include the following: challenging the validity of a breathalyzer or saliva test, verifying whether procedures were respected two breath tests at least 10 minutes apart, right to request a blood test, or translation help, negotiating outcomes in a quick trial in Salamanca, handling a refusal to test accusation which is a separate crime, defending professional or novice drivers who face tighter limits, assisting non residents or foreign license holders who may have their authorization to drive in Spain suspended, and helping after an accident where injuries make the case more complex and may involve civil liability with insurers.

Legal counsel can also seek suspension of administrative penalties while an appeal is decided in limited circumstances, advise on point recovery courses, and protect your rights during police statements and court appearances.

Local Laws Overview

Legal alcohol limits. General drivers up to 0.25 mg per liter in breath or 0.5 g per liter in blood. Novice drivers first two years and professional drivers up to 0.15 mg per liter in breath or 0.3 g per liter in blood.

Administrative sanctions. Driving above the limit without criminal indicators typically leads to a fine and points. From 0.25 to 0.50 mg per liter in breath for a general driver often results in a 500 euro fine and 4 points. From 0.50 mg per liter or when there is a repeat offense within one year can trigger a 1,000 euro fine and 6 points. For novice and professional drivers, the thresholds are lower in line with their limits.

Drugs. Spain applies a zero tolerance approach to the presence of illegal drugs while driving. A positive roadside saliva test that is confirmed by laboratory analysis usually brings a 1,000 euro fine and 6 points. If drugs or alcohol have truly impaired driving ability, the matter may become criminal regardless of the measured level.

Criminal offenses. Article 379 of the Spanish Criminal Code punishes driving under the influence of alcohol or drugs. It is a crime to drive with a breath alcohol level of 0.60 mg per liter or more, or a blood level of 1.2 g per liter or more, or to drive with evident impairment from alcohol or drugs even at lower levels. Typical penalties are one of the following plus a mandatory driving disqualification for 1 to 4 years: a fine of 6 to 12 months, community service 31 to 90 days, or prison 3 to 6 months. Refusal to take legally required tests article 383 is a separate crime, punishable by prison 6 months to 1 year and a driving ban 1 to 4 years.

Testing procedure and your rights. Police usually perform two breath tests at least 10 minutes apart. You have the right to request a blood test at a medical center as a contrast test. If the blood test is negative the administration should bear the cost, if positive it is charged to the driver. You have the right to be informed in a language you understand and to an interpreter if needed. If you are detained for a crime, you have the right to consult a lawyer and to remain silent.

Vehicle measures. If your level is over the limit or you are unfit to drive, officers can immobilize and tow the vehicle. Foreign drivers may be required to provide an on the spot deposit for administrative fines.

Points and license. Most drivers have 12 points. New drivers generally start with 8 points. Alcohol and drug infractions can deduct 4 to 6 points. Losing all points leads to license loss with a mandatory course and test to recover it. Partial recovery is possible through DGT approved courses in set intervals.

Local process. Many criminal DUI cases in this area are handled as quick trials juicio rápido at the Juzgado de Guardia in Salamanca, often within 24 to 72 hours of the incident. A lawyer can advise whether a fast plea agreement with the prosecutor would reduce penalties or whether to contest the case.

Frequently Asked Questions

What is the legal alcohol limit in Villares de la Reina?

The same limits as the rest of Spain apply. 0.25 mg per liter of breath or 0.5 g per liter of blood for most drivers. 0.15 mg per liter of breath or 0.3 g per liter of blood for novice and professional drivers.

What happens during a roadside control?

Officers will ask for your documents and conduct a breath test. If positive, they will repeat it at least 10 minutes later. If there are signs of drug use, they may perform a saliva test. If you disagree with the result, you can request a blood test. If your level is high or there is impairment, the vehicle can be immobilized and you may be taken for further proceedings.

Can I refuse to take the breathalyzer or drug test?

Refusal is a crime under Spanish law. It is generally better to comply with testing and then challenge any irregularities with a lawyer. Refusal can bring prison and a long driving ban.

I tested positive for drugs but I have a prescription. What now?

Presence of drugs in saliva is an administrative offense unless there is proof of lawful consumption of certain medications and no impairment. However, driving while actually impaired by a medication can still be a crime. Provide your prescription and medical documentation to your lawyer immediately so it can be submitted and, if appropriate, the positive can be contextualized or contested.

Will I lose my license and for how long?

Administrative cases can deduct 4 to 6 points and may lead to license loss if you reach zero points. Criminal convictions include a mandatory driving ban of 1 to 4 years, with the exact length depending on the circumstances and any agreement with the prosecutor.

What is a quick trial juicio rápido and will I have one in Salamanca?

It is an expedited criminal process used for certain offenses detected in flagrante, including many DUI cases. In the Salamanca courts, you may be brought before a judge within 24 to 72 hours. You can accept a negotiated sentence that may be reduced for early acceptance, or you can contest the case. Always consult a lawyer before deciding.

Can a tourist or non resident be penalized?

Yes. Spain can sanction non residents and suspend their authorization to drive within Spain. For administrative fines, a deposit may be required on the spot. For criminal matters, the case will be handled by the Spanish courts.

How can a lawyer challenge my case?

By checking if both breath tests were done properly and at the correct intervals, requesting the calibration and maintenance records of the device, reviewing chain of custody for saliva samples, verifying that your rights to information and interpretation were respected, seeking hospital records if a blood test was requested, and presenting mitigating factors or negotiating reduced penalties in a quick trial.

How do penalty points work and how can I recover them?

Alcohol and drug infractions usually remove 4 to 6 points. If you do not commit new serious infractions for a period, points can recover gradually. You can also take an approved course to recover points up to a legal maximum. If you lose all points, your license is withdrawn and you must complete a longer rehabilitation course and pass a test to regain it.

Will a DUI give me a criminal record and can it be cleared?

An administrative case does not create a criminal record. A criminal conviction does. After you fully serve the sentence and if you do not reoffend, you can apply to cancel the record after a waiting period that often is around 2 years for typical DUI penalties, although exact timelines depend on the type and length of the sentence under the Criminal Code.

Additional Resources

Dirección General de Tráfico DGT - National traffic authority that issues fines, manages points, and approves recovery courses.

Jefatura Provincial de Tráfico de Salamanca - Provincial traffic office for procedures related to fines, appeals, and license matters.

Guardia Civil de Tráfico - Subsector Salamanca - Traffic enforcement on interurban roads in the province, including the area around Villares de la Reina.

Policía Local de Villares de la Reina - Municipal police that can conduct urban checks and collaborate on road safety.

Juzgados de Salamanca - Courts that handle quick trials and other criminal proceedings for the area.

Fiscalía Provincial de Salamanca - Prosecutor’s office that participates in criminal DUI cases.

Colegio de Abogados de Salamanca - Bar association that can help you find a qualified defense lawyer and explain legal aid options.

Servicio de Orientación Jurídica SOJ de Salamanca - Public legal guidance service for eligible individuals seeking initial legal advice or legal aid information.

Instituto Nacional de Toxicología y Ciencias Forenses - National body involved in toxicology and confirmation of drug tests in legal proceedings.

Emergencias 112 Castilla y León - Regional emergency service for urgent incidents and accidents.

Next Steps

1 - Write down everything you remember about the stop time, place, officers, instructions, and how many tests were done. Preserve any paperwork you received.

2 - Do not ignore deadlines. Administrative fines and appeals have short time limits. Criminal quick trials can occur within days.

3 - Contact a DUI experienced lawyer in the Salamanca area. Ask about their experience with quick trials and DGT procedures.

4 - Request evidence early. This includes breathalyzer calibration records, copies of test results both tests, toxicology confirmations for saliva tests, and any video if available.

5 - Consider a medical contrast test. If you requested or were offered a blood test, ensure the chain of custody and lab results are obtained. Tell your lawyer about any prescribed medications.

6 - Discuss strategy. Your lawyer can assess whether to negotiate a reduced sentence in a quick trial or challenge the case based on procedural or evidentiary issues.

7 - Protect your license. If you face points loss or a ban, ask about point recovery courses, eligibility for suspension of administrative penalties pending appeal, and the impact on professional driving qualifications.

8 - Inform your insurer. If there was an accident, timely notice is essential. Your lawyer can coordinate to protect you from civil liability issues tied to alcohol or drug clauses.

9 - Keep records. Save receipts, medical documents, and proof of any courses or community service. These can help with sentencing or record cancellation later.

10 - Follow up after resolution. If you are eligible to cancel a criminal record after the waiting period, plan the application and obtain proof of compliance with all parts of the sentence.