DUI and Traffic Safety Attorney in Madrid
Specialized defense in traffic offenses: DUI, drugs, reckless driving and refusal to submit to testing.
Criminal defense attorney specializing in DUI offenses in Madrid
If you are facing criminal proceedings for DUI or any offense against traffic safety, you need a criminal defense attorney specialized in DUI offenses who knows every detail of the process. As a DUI attorney in Madrid, I have spent years defending drivers charged with traffic offenses before the investigating and criminal courts of the Community of Madrid.
Offenses against traffic safety are among the most frequent causes of criminal proceedings in Spain. The consequences of a conviction are severe: license suspension, substantial fines, criminal record and even imprisonment. That is why it is essential to have a traffic safety offense attorney who analyzes your case from the first moment and builds a solid defense strategy.
Our firm specializes in criminal defense of drivers accused of these offenses, which in most cases are processed through fast-track proceedings.
Traffic safety offenses we handle
As a DUI attorney and traffic offense lawyer, I defend my clients in the following criminal types:
- DUI (art. 379.2 CP)
- Driving under the influence of drugs (art. 379.2 CP)
- Refusal to submit to DUI testing (art. 383 CP)
- Reckless driving (art. 381 CP)
- Driving without a license or permit (art. 384 CP)
- Punishable speeding (art. 379.1 CP)
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What is the DUI offense?
The DUI offense is codified in article 379.2 of the Criminal Code. It is committed when a driver is detected with a breath alcohol rate exceeding 0.60 mg/l or a blood alcohol rate exceeding 1.2 g/l. The prescribed penalties are:
- Imprisonment of 3 to 6 months, or
- Fine of 6 to 12 months, or
- Community service of 31 to 90 days
- In all cases, driver’s license suspension of 1 to 4 years
An offense is also committed when the driver, without reaching those rates, drives under the influence of alcoholic beverages in a way that affects their ability to drive safely, provided that anomalous driving is proven.
Attorneys specializing in DUI offenses
We defend you against:
Refusal to submit to DUI testing
Article 383 of the Criminal Code punishes drivers who, when required by a law enforcement agent, refuse to submit to legally established tests for checking blood alcohol levels or presence of drugs. The penalties are more severe than those of the DUI offense itself:
- Imprisonment of 6 months to 1 year
- Driver’s license suspension of 1 to 4 years
However, there are circumstances where the refusal may be justified or where the police requirement was not made in accordance with the law. An experienced DUI attorney can identify these defects and use them in your defense.
Driving under the influence of drugs
Article 379.2 of the Criminal Code also sanctions driving under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages. Unlike DUI, in the case of drugs there is no objective rate: the prosecution must prove that the substance actually affected driving ability.
As attorneys specializing in driving under the influence of drugs, we analyze key aspects such as:
- The reliability of the detection test (saliva, urine, blood) and its correct administration.
- The time elapsed between consumption and driving.
- The absence of external signs of impairment.
- Possible irregularities in the chain of custody of samples.
Reckless driving
The offense of reckless driving is regulated in article 381 of the Criminal Code. It punishes those who drive with manifest recklessness and create concrete danger to the life or physical integrity of persons. The prescribed penalties are imprisonment of 6 months to 2 years and driver’s license suspension of 1 to 6 years.
How to win a DUI trial?
Can you win a DUI trial? Yes. There are multiple defense avenues that an experienced DUI attorney can explore to achieve acquittal or a significant reduction in penalty. Each case is different, but these are the main strategies we apply:
1. Challenge the DUI test
The breathalyzer used to measure blood alcohol level must meet strict legal requirements. If it doesn’t comply, the test can be invalidated:
- Calibration and verification: The device must be properly calibrated and have a valid metrological verification certificate. If the certificate is expired, the result lacks probative value.
- Device approval: The breathalyzer must be approved by the Spanish Center of Metrology. An unapproved device does not produce valid evidence.
- Margin of error: If the driver’s rate is close to the legal limit, that margin may place the actual result below the punishable threshold.
2. Irregularities in police procedure
The administration of DUI tests must follow a strict protocol. Non-compliance can invalidate the tests:
- Double test: The law requires two breath tests with a minimum interval of 10 minutes between them.
- Right to confirmatory test: The driver has the right to request a confirmatory test through blood analysis.
- Rights advisement: The driver must be informed of their rights as a suspect.
3. The Widmark curve and the moment of driving
The Widmark curve describes the evolution of blood alcohol level in the body over time. It is a fundamental defense tool when there is a significant interval between the moment of driving and the moment of testing. An expert report based on retrograde extrapolation of the Widmark curve can demonstrate that at the actual time of driving the rate was below the legal limit.
4. Challenge anomalous driving
In cases where the rate does not exceed the objective threshold of 0.60 mg/l, the prosecution needs to prove that the driver showed evident signs of alcohol impairment. The defense can focus on:
- Demonstrating that driving was normal and showed no anomalies.
- Questioning the subjectivity of officers’ observations.
- Providing passenger testimony about the driver’s condition.
5. Cross-examination of officers
Police officers’ testimony is fundamental prosecution evidence. However, rigorous questioning can reveal contradictions, inaccuracies or gaps in their account that weaken the prosecution.
6. Plea agreement with reduced sentence
When the prosecution evidence is solid, the smartest strategy may be to negotiate a plea agreement with the Public Prosecutor’s Office, which allows obtaining a one-third reduction in sentence. You can also consult how to expunge criminal records once the sentence is served.
CLIENT TESTIMONIALS
Real testimonials from firm clients after hiring our services as criminal defense attorneys in Madrid.
Specialists in fast-track DUI trials
The vast majority of DUI and traffic safety offenses are processed through fast-track proceedings. The usual procedure is as follows:
- Arrest and police report: Officers arrest the driver, administer DUI tests and prepare the police report.
- Court appearance: The detainee is brought before the duty court, where they are questioned as a suspect.
- Opening of trial: If the judge considers there is sufficient evidence, they may schedule the trial for the same day or following days.
- Judgment: The judge issues a judgment, which may be by plea agreement or after trial.
Why choose us as your DUI attorney in Madrid?
- Real specialization in Criminal Law and traffic safety offenses.
- Proven experience in investigating and criminal courts of Madrid.
- Immediate action from the moment of arrest, including emergency services.
- Rigorous technical analysis of DUI and drug tests.
- Strategic defense: we know when to challenge and when to negotiate.
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Articles on blood alcohol content, road safety and criminal defense for drivers in Madrid.
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