“If you drink, don’t drive” is the remembered motto of a campaign by the General Directorate of Traffic (DGT) in 1985 that has remained engraved in the collective imagination of an entire generation. In the spot, Stevie Wonder warned from the back seat of a convertible about the danger of driving under the influence of alcohol and ended his performance by pronouncing the legendary phrase in Spanish.
Since then, almost four decades ago, drivers have become aware of the serious threat posed by alcohol consumption while driving. The campaign marked a turning point by promoting a cultural change in which responsibility and safety on the roads became fundamental priorities.
As breathalyzer controls have become more rigorous and penalties more severe, drivers have adopted a more conscious and cautious approach, helping to significantly reduce accidents and victims related to alcohol consumption while driving.
Even so, more than half (51.9%) of the tests on drivers who died in traffic accidents in 2022 were positive for alcohol or drugs, according to the National Institute of Toxicology. The report, which includes the results of the toxicological analyzes carried out on the 1,214 people who died in traffic accidents, reveals that alcohol was the most present harmful substance (57.6%) among the deceased analyzed.
In order to remove drivers from the roads who drive with an alcohol level above the legal limit, each year the DGT carries out thousands of preventive controls to ensure that road safety regulations are complied with. These checks are carried out randomly and at different times, which has created a constant sense of responsibility in drivers and has helped deter negligent behavior.
So all drivers may find themselves at any time facing the possibility of being required by traffic officers to carry out a breathalyzer test. Both on urban and interurban roads. For drivers who have never been subjected to a test of this type, we are going to review what the test consists of and what they should do.
Breathalyzer tests are carried out next to the road where the checkpoint has been installed. The agents stop the vehicle in a safe area to test the driver. If he refuses, he incurs the crime of disobedience (regulated in article 383 of the Penal Code), which is punishable by prison sentences of 6 months to 1 year and withdrawal of the license of 1 to 4 years. Furthermore, the vehicle is immobilized.
To find out the level of alcohol that the driver has in his or her body, traffic officers perform an initial test with a portable breathalyzer. The driver, who can remain in his seat during the test, receives the device with a sealed mouthpiece to proceed with the examination. The driver takes a deep breath and then exhales all the air into the breathalyzer until the officer tells him to stop.
If the breathalyzer gives a negative result or a result lower than the permitted limit -0.25 mg/l in exhaled air (0.15 mg/l for professionals and novices and 0.0 mg/l for minors) – the driver returns to the circulation. However, if the officers detect signs of the influence of other substances, they may then perform a drug test.
In the event that the driver returns a positive result, the agents will proceed to carry out a second test, which will be the final one, 10 minutes after the end of the first. In this case, they will use a larger and more precise breathalyzer installed in the reporting and reporting vehicle.
If the second test returns a result below the legal limit, the driver will be able to continue on his way without any inconvenience. However, in the event that the presence of alcohol in the body is confirmed again, the driver will face sanctions, which may be of an administrative or even criminal nature, if the blood alcohol level exceeds 0.6 mg/l. Furthermore, the car will be immobilized if there is no other person in the vehicle who can take over driving and is not under the influence of alcohol.
The maximum levels of alcohol allowed for driving are 0.5 gr/l of blood alcohol or 0.25 mg/l in exhaled air for motorists in general and 0.3 gr/l of blood alcohol or 0.15 mg/l in exhaled air for professional and novice drivers. Regarding minors, the rate is 0.0%.
If the result of the alcohol test ranges between 0.26 mg/l and 0.50 mg/l, the penalty is 500 euros and involves the withdrawal of 4 points from the driving license. If the driver exceeds 0.50 mg/l, he or she receives a correction of 1,000 euros and loses 6 points on the license. If the offender is a repeat offender, the penalty is always 1,000 euros, while the points withdrawn can be 4 or 6, depending on the rate issued.
Likewise, exceeding 0.60 mg/l in air is classified in the Penal Code as a crime against traffic safety, which is punishable by prison sentences. The corrective measure for these cases includes sentences of 3 to 6 months in prison, community service work between 30 and 90 days or financial fines of 6 to 12 months, as well as the withdrawal of the license between 1 and 4 years.
