I do not usually drink alcohol and when I do, I can not think driving the car. I have clear what would happen if I stop, do me a check and I positive. However, I have always had the question of what would happen if instead of a routine check on the road had an accident and the police or the Civil Guard make me a breathalyzer test: would unquestionably blame the accident ?, would be an aggravating should be responsible ?, What economic and personal consequences would suffer?
Driving having consumed alcohol is considered a crime, regardless of whether or not to have an accident. If unfortunately occurs and causing only material damage, blame the accident will, almost one hundred percent of the cases, the person who was drunk. This is true even when the other motorist were to blame ¾por example, if he had skipped a semáforo¾ because the behavior of the drunk driver is more serious and absorbs the opposite ¾siguiendo by example, can be considered alcohol intake prevented the beodo make every effort to dodge the other coche¾.
If, unfortunately, the accident in which a driver who has consumed alcohol had resulted in the death or injury to other / s person is involved, things get worse. The case of Jose Ortega Cano has caused rivers of ink and seas of words in the media. The torero not only suffered a traffic accident having allegedly drunk, but also in the fatal incident killed one person. European motorists Associates (AEA) helps us to unravel the consequences that may have for drivers consuming alcohol and getting behind the wheel.
When a traffic accident can not always establish how the events have occurred and who has been the cause occurs. It is therefore essential to conduct a proper investigation and reconstruction of the incident, in order to gather evidence that can bring in a contradictory process to reaffirm them or distorting them. If a person dies the accident, three things can happen: that no investigation or is convicted anyone who is treated as misdemeanor trial and there is a minimum sentence or be treated as crime and condemned to a penalty between one and four years' imprisonment, deprivation of the right to drive between one and six years and confiscation of the vehicle. Moreover, in the most serious case of kamikaze drivers, Prison is two to five years, There is a fine and deprivation of license six to ten years is established.
In the event that further alcohol is detected in the driver ¾porque is accredited influence or by making an objective test proves superior to 0.60 mg / l in aire¾ rate four consequences occur: necessarily you have to deal with as a crime, with the intervention of the prosecutor; the minimum sentence must be imprisonment of two and a half years instead of one year and one day ¾lo means effective entry into prisión¾, three-year deprivation permit, reexamined the card and seizure of the vehicle; claims paid by insurers to injured parties in the end will have to take the drunk driver and the vehicle owner subsidiarily; and get a criminal record.
|Driving with an alcohol level greater than 0.25 mg / l and up to 0.50 mg / l exhaled air.||500 euros + four points.|
|Driving with a higher alcohol to 0.51 mg / l and up to 0.60 mg / l exhaled air.||500 euros + six points.|
|Driving with a alcohol than 0.60 mg / l exhaled air. Driving with lower rates if it is established that circulates under the influence of alcohol.||Imprisonment for three to six months or a fine of 144,000 euros or to 360 jobs for the benefit of the community from 31 to 90 days. Withdrawal of the license one year and one day four years.|
|Refuse to perform breath tests or drugs.||Imprisonment for six months to a year. Withdrawal of the license up to four years.|
|United Kingdom||Prison 18 months to 14 years, adjustable rate based on alcohol and degree of recklessness (six sections of it). Aggravating, such as driving without a license, but also Mitigating, as injuries sustained by the cause of the accident itself.|
|Germany||Imprisonment up to five years or fine up to 365 days. Revocation of the license.|
|France||Imprisonment up to seven years and up to 100,000 euro fine. Revocation of the license.|
|Portugal||Imprisonment up to five years.|
|Italy||Imprisonment of one to five years.|
The reform of the Penal Code of 2007 toughened the penalties for drunk drivers who provoke traffic accidents resulting in death, the forced judges being to impose a minimum prison sentence of two years and six months deprivation of driving license and the seizure of the vehicle. Regarding a possible reduction of sentence by applying the extenuating guilty of having proceeded to repair the damage ¾en case of dead, indemnifying the familiares¾, the position of the courts is strong when considered unacceptable.