alcohol control
When it comes to alcohol tests, the term usually refers to the measurement of blood alcohol concentration, obtained through screening of alcohol in the breath. This measure, commonly used by police to determine the degree of intoxication of motorists, not so accurate as the direct detection of blood alcohol level, as some inhalers medical, medicine or mouthwash containing ethanol, can modify the results of Control.
In our country, the current laws, driving permit, if the BAC does not exceed 0.25 milligrams per liter of breath.
This figure drops to 0.15 milligrams in the case of young drivers (under 2 years of license) or driving professionals (Bus Drivers, Truckers, etc.)..
As to formal and legal framework governing these checks by police, it is important to note the following:
Every driver is obliged by law to follow the directions agents to submit to breath control, because otherwise, it could incur a serious criminal contempt, punishable under the Penal Code and punishable by imprisonment of between six months and one year in prison.
Regarding the results of the test, if the alcohol is undersized, the agent responsible for carrying it out, tells us that we can resume running immediately.
If the positive test results should be repeated in a police van, using an expired meter alcohol much more precise, called evidential breathalyzer.
If we were not in accordance with the results of this second test, we can ask to be taken to a hospital where we performed a new measurement by blood tests. In the event that these tests are positive, we will pay the amount.
Sanctions for alcohol
The sanctions that we may face in the case of driving under the influence of alcohol, are basically of two types depending on whether it has generated or not a danger to traffic safety.
In that case, the judge responsible for the investigation, consider the offense as a crime and prosecuted for both the offender for the criminal, proceeding to the implementation of custodial sentences and withdrawal of license for a period of 1 to 4 years.
In cases where no danger to others concur, is used normally to the administrative penalty, in which driving under the influence of alcohol can lead to a penalty for very serious violation, with fines of up to 600 € and withdrawals license for a period of 3 to 24 months.
Normally these sanctions are rigged, the withdrawal of 6 points on your driving license.
also play a decisive role in implementing the sanctions, one way or another, whether aggravating circumstances, such as recklessness manifests the driver to see whether or not involved in an accident, or if there injuries to third parties.
not the same offense is punishable by the criminal and administrative proceedings at the same time, so normally, if a judge after a proper trial, acquitted, it is possible that the Delegation of Traffic, start the paperwork to impose an administrative penalty.
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