Criminal Lawyers for Repeat DUI Offenses
Specialized defense for drivers facing a second or subsequent drunk driving charge.
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A repeat DUI offense is one of the most complex situations in road safety criminal law, because it shifts the centre of the problem from the penalty in the abstract toward the real risk of prison entry. What in a first conviction is usually resolved with a fine or community service may, for the repeat offender, become an effective custodial sentence.
Legal Framework
The base offence (Art. 379.2 CP) punishes driving with a level above 0.60 mg/l in exhaled air (or 1.2 g/l in blood) or, regardless of the level, under the influence of alcohol, with prison of three to six months, or a fine, or community service, and in all cases deprivation of the right to drive for 1 to 4 years. When prior final convictions for the same offence concur, the aggravating circumstance of recidivism (Art. 22.8 CP) operates, requiring the penalty to be imposed in its upper half. To this may be added the offence of Art. 384 CP when driving after the loss of validity of the licence through judicial deprivation or total loss of points, giving rise to a concurrence with cumulative penalties.
Defense Strategies
The defence of the repeat driver is fought on several fronts. The first is the cancellation of the prior criminal record: if the records underpinning the recidivism were cancelled or cancellable, the aggravating circumstance cannot be applied. The second is the reliability of the evidence: the breathalyser's margin of error, the correct performance of the second measurement, compliance with the timing and the chain of custody of the blood sample are points where the measurement may give way. The third is imputability: an established alcohol dependence may operate as a mitigating factor (Art. 21.2 CP) or, where applicable, as an incomplete exemption. And the fourth, decisive in these cases, is to steer the procedure toward the suspension or substitution of the sentence, offering road re-education courses and, above all, a detoxification treatment demonstrating a genuine will not to reoffend.
Criminal Consequences
The consequences go beyond the nominal penalty. The prison of 3 to 6 months (in its upper half due to recidivism) and the deprivation of the right to drive for 1 to 4 years are the starting point, but the central problem is the suspension of the sentence (Arts. 80 et seq. CP): the accumulation of convictions makes it harder, and the judge assesses the risk of reoffending and the will to undergo treatment. Alongside this, the DGT may require a reinforced psychotechnical exam and the completion of courses to recover the licence. And there is a relevant collateral impact: for those who work with the licence (haulier, courier), the prolonged deprivation of the permit may ground an objective dismissal for supervening ineptitude. Anticipating and managing all these consequences —not just the penalty— is what distinguishes a complete defence in recidivism cases.
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.
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