Positive in the breathalyzer control: when is it a criminal offence?

All drivers know that alcohol and driving are incompatible.

Oliver Thansan
Oliver Thansan
22 June 2023 Thursday 10:26
16 Reads
Positive in the breathalyzer control: when is it a criminal offence?

All drivers know that alcohol and driving are incompatible. But even so each year alcohol is present between 30% and 50% of fatal accidents, according to data from the General Directorate of Traffic (DGT). Some figures that should serve to alert motorists about the consequences of reckless actions at the wheel and that can even lead to a criminal offence.

When driving under the influence of alcohol, many more mistakes are made behind the wheel, and decision-making becomes slower. For this reason, the most appropriate thing when someone gets behind the wheel is that they have not had a drop of alcohol to be at the best of their abilities. However, the regulations establish a maximum blood alcohol level to be able to drive without any type of sanction or withdrawal of points.

In our country it is allowed to drive with a blood alcohol level that does not reach 0.5 g/l of alcohol in the blood (0.25 mg/l in exhaled air), an amount that is reduced to 0.3 g/l (0.15 mg/l) in the case of novice and professional drivers. In no case may an underage driver drive on public roads with a rate of more than 0.0 grams of alcohol in the blood, in accordance with the amendment to article 14.1 of the Traffic Law approved at the end of 2021.

Breathalyzer can constitute a crime or an administrative infraction when the person who tests positive in a control is the driver of the vehicle. The consequences are different, since when it comes to an administrative fault it is punished with an economic fine and deduction of points. On the other hand, when a crime of breathalyzer is committed, the sanction contemplates pressure penalties, as we will see later.

Exceeding the maximum level of alcohol in the blood, 0.25 mg/l up to 0.50 mg/l as we have seen previously, entails an administrative sanction of 500 euros and the withdrawal of 4 points from the card. Above that figure, the fine increases to 1,000 euros and 6 points. The penalty for drivers who reoffend within a year is 1,000 euros and the withdrawal of 4 or 6 points depending on the alcohol rate.

Driving under the influence of alcohol is considered a crime when it exceeds 0.6 mg/l of breath or 1.2 g/l of blood, as stated in the Penal Code. In this case, and on the contrary when the breathalyzer is an administrative fault, no distinction is made between whether the driver is a novice or a professional or who does not meet any of these conditions.

The sanction for these cases, as well as for refusing to submit to breathalyzer tests, contemplates penalties of 3 to 6 months in prison, work for the benefit of the community between 30 and 90 days or financial fines of 6 to 12 months. In all cases, the withdrawal of the card is established between 1 and 4 years.

The DGT warns in its publications that the risk of an accident is not only associated with very high levels of alcohol consumption. Negative effects on driving ability are seen even at low levels of consumption. Thus, with a blood alcohol level of 0.5 grams of ethanol per liter of blood, the risk of suffering a collision doubles and with 0.8 g/l the risk is five times greater, and it continues to increase as the level of alcohol increases. alcohol in the blood

The amounts of alcohol ingested do not affect everyone in the same way, but depend on various factors. Age, weight, sex, the amount of food or the speed with which alcohol has been consumed have to do with it. Beyond these factors, the DGT establishes that the dose of alcohol ingested by a man weighing 70 kg would be close to the rate of 0.3 g/l in blood drinking a beer, a glass and a half of wine or a glass of brandy. In a woman weighing about 60 kg, the rates would be exceeded with half the doses reported for men.

Around breathalyzer tests there are still many myths about the methods to avoid testing positive. But none of these false strategies, such as chewing coffee beans or using certain mouth sprays, has proven to be effective in reducing or masking the rate of alcohol, so the DGT reminds drivers that the best prevention to avoid testing positive in a breathalyzer control is not to drink when you have to drive.