Criminal Lawyers for DUI with Traffic Accident
Defense for drivers involved in traffic accidents while under the influence of alcohol.
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When a traffic accident occurs while the driver is under the influence of alcohol, the legal consequences multiply exponentially. The driver faces not only the DUI charge under Article 379.2 of the Criminal Code, but also potential charges for reckless injuries (Art. 152) or even reckless homicide (Art. 142) if there are fatalities. The concurrence of offenses can lead to combined sentences of several years.
Concurrent Offenses
A DUI accident typically involves a medial concurrence (concurso medial) of offenses: the DUI is the means through which the injuries or death are caused. Under this concurrence regime, the applicable penalty is the most severe offense increased by half, which can mean imprisonment of 1 to 4 years for serious injuries and up to 4 years for reckless homicide committed while intoxicated.
Defense Strategies
Our defense focuses on: breaking the causal link between the intoxication and the accident (proving the accident would have occurred regardless—mechanical failure, road conditions, third-party fault), challenging blood alcohol calculations (retrograde extrapolation from hospital blood draws taken hours later), negotiating civil reparation agreements with victims (which serve as a powerful mitigating circumstance), and presenting expert accident reconstruction to establish shared fault or exclusive third-party liability.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Imprisonment | Prison sentences from 3 months to 6 years depending on severity and concurrence of offenses. |
| License Revocation | Revocation of driving privileges from 1 to 4 years. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Evidence Review
Comprehensive review of the prosecution evidence to detect procedural irregularities.
Negotiation
Limited plea agreement when the evidence is strong, to minimize consequences.
Road Safety Offences in Spain: DUI, Reckless Driving and Traffic Crimes — Defence Guide
Road safety offences (Arts. 379-385 CP) are among the most prosecuted in Spain. Driving under the influence (DUI), dangerous driving, unlicensed driving, and driving while disqualified carry not only prison sentences and fines, but also driving licence disqualification that can last up to 10 years.
Penalty Table: Road Safety Offences
| Offence | Article | Threshold | Penalty |
|---|---|---|---|
| DUI (alcohol) | Art. 379.2 | > 0.60 breath / 1.2 blood | 3-6 months prison or fine + 1-4 yr disqual. |
| DUI (drugs) | Art. 379.2 | Any detectable amount | 3-6 months prison or fine + 1-4 yr disqual. |
| Excessive speed | Art. 379.1 | +60 km/h urban / +80 km/h interurban over the limit | 3-6 months prison or fine + 1-4 yr disqual. |
| Reckless driving (Art. 380) | Art. 380 | Manifest disregard for life | 6 months – 2 years + 1-6 yr disqual. |
| Unlicensed driving (never held) | Art. 384 | No licence ever held | 3-6 months prison or fine |
| Driving while disqualified | Art. 384 | Lost by judicial/admin order | 3-6 months + 1-4 yr further disqual. |
| Hit and run (Art. 382 bis) | Art. 382 bis | Leaving accident scene | 6 months – 4 years |
Key Defence Strategies
Challenge the Breathalyser Result
Breathalyser devices must be calibrated and certified. Challenge: calibration records out of date, device malfunction, improper administration protocol (required 15-minute observation period before test).
Drug Test Challenge (Saliva/Blood)
Roadside saliva tests are presumptive, not conclusive. Request the blood confirmatory test. If the confirmatory test was not performed or the result is contested, the evidence may be insufficient.
Reckless Driving: subjectivising the risk
Art. 380 requires manifest, concrete endangerment of road users. Driving fast on an empty road at night may not constitute the 'manifest danger to life' required.
Disqualification Computation
If the accused drove believing the disqualification had expired (administrative error, incorrect notification), the subjective element of Art. 384 may be absent.
Why Choose Us?
Need a criminal defense lawyer for this type of offense? Here's how we work:
gavelElements of the Crime
- check_circleConduct:Objective element of the criminal offense applicable to each specific case.
- check_circleIntent:Knowledge and willingness to carry out the criminal conduct.
gavelPenal Consequences
Prison sentences from 3 months to 6 years depending on severity and concurrence of offenses.
Revocation of driving privileges from 1 to 4 years.
FAQs
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The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.