Have you tested positive in a breathalyzer test and need to know if you can win a DUI case? With the arrival of the holiday season, commitments, company dinners, family gatherings and celebrations with friends increase, moments that are usually accompanied by large meals and alcoholic beverages.
However, driving under the influence of alcohol not only involves the risk of exceeding the rate of 0.60 mg/l in exhaled air, but also endangering your life, that of others and facing a criminal trial where knowing what you face.
What is the DUI offense?
The DUI offense is regulated in article 379.2 of the Spanish Penal Code and sanctions the operation of a vehicle with:
- Alcohol rate exceeding 0.60 mg/l in exhaled air or 1.2 g/l in blood.
- Influence of alcohol or drugs that affects the ability to drive, even if these limits are not exceeded.
How is a DUI offense proven?
First, the police will conduct a preliminary test to detect the presence of alcohol in blood. If the result exceeds 0.60 mg/l, two additional tests will be performed with an evidential breathalyzer to confirm the possible criminal offense.
Additionally, the investigated party has the right to request a chemical test at a hospital to verify the exact percentage of alcohol in blood, if deemed necessary.
What are the penalties for a DUI offense?
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Can you win a DUI case?
Do you want to know how to win a DUI case? The most important thing is to have a defense attorney to analyze every detail of the police report and detect possible irregularities. Many DUI charges are based on the use of the breathalyzer, but its reliability can be questioned.
These are the key points that could help you win a DUI case:
Review of breathalyzer test evidence
- Certification and calibration: The breathalyzer must comply with mandatory technical inspections. Its certification certificate must be valid and reflect that the device has been properly calibrated. If the certificate has expired or is not updated, the margin of error increases and the results may not be valid.
- Documentation in the police report: The police must include in the report the calibration and certification certificates of the breathalyzer used. If these documents are not present, your attorney can request their incorporation into the proceedings to verify the validity of the tests.
Additionally, the police report must detail the model and serial number of the device, as well as the conditions under which the test was performed. Any irregularity in this documentation can be used to question the results.
- Procedural errors: The police action protocol must be followed rigorously. Any failure, from the moment of detention to the performance of the test, can invalidate the results. For example:
Not informing the driver of their right to request a contrast test, such as
Do you need help from an attorney?
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.