Positive in a breathalyzer test: what factors influence the result and what is the fine?

The Christmas holidays are just around the corner. And in the weeks prior to the arrival of such important dates, it is common to celebrate business lunches and dinners and with friends. Almost always, these agapes and subsequent after-dinner meals are washed down with wine, cava and other types of alcohol. The problem with ingesting these drinks comes if you then have to drive, since their intake can affect the ability to drive vehicles. Aware of this, the General Directorate of Traffic (DGT) has launched a special surveillance campaign. Specifically, it will be active between December 11 and 17.

During this week, the Traffic Group of the Civil Guard (ATGC), as well as the local police of the municipalities that have joined the action, will establish different control points on all types of roads, as well as in urban areas. , and at any time of the day. The objective is to prevent those people who have ingested alcohol or consumed drugs from being behind the wheel or handlebars of vehicles.

The maximum level allowed for drivers in general is 0.25 mg/l in inhaled air (0.5 g/l of blood alcohol). For professionals and novices it is lower: 0.15 mg/l in aspirated air (0.3 g/l in blood). For minors, the limit is 0.0. This was established in the latest modification of the Law on Traffic, Motor Vehicle Circulation and Road Safety. In practice, it means that those under 18 years of age cannot drive a vehicle (electric scooter, moped, quadricycle…) if they have been drinking.

It should be noted that there are various factors that influence how alcohol affects a person. As the DGT itself explains, one of the variables is the quantity and type of drink. The absorption of alcohol is slower in fermented drinks (such as beer or wine) than in distilled drinks (rum, gin, whiskey…). Likewise, alcohol mixed with carbonated liquids (tonic or cola) or taken hot can promote the rapid onset of blood alcohol level.

The absorption of alcohol depends directly on the speed of ingestion. The faster you drink, the greater the rate of absorption and the greater the total amount of alcohol that passes into the blood. In addition, its absorption also depends on the amount that reaches the small intestine, which is why the presence of food in the stomach influences it. Thus, it is discouraged to consume alcohol without having eaten anything before.

Traffic also points out that alcohol is distributed throughout the body differently in men and women. Therefore, they may have higher blood alcohol levels with the same amount drunk, especially if they are young or over 65 years old (age is also an influencing factor). The distribution and concentration of alcohol is less in a large person than in a thin one.

On the other hand, fatigue, drowsiness, anxiety, stress or other illnesses can influence blood alcohol level and its effects on the body. The elimination of alcohol is much slower during sleeping hours. Therefore, if a person has consumed a lot of alcohol before going to bed, it is possible that in the morning they will still wake up with a positive blood alcohol level. Sleeping a few hours is not enough to guarantee safe driving.

Alcohol is the second most common cause of traffic accidents. According to the 2022 Report on Toxicological Findings in Traffic Accident Victims prepared by the National Institute of Toxicology and Forensic Sciences with the collaboration of the National Road Safety Observatory, more than half (51.9%) of the drivers who died on the road in 2022, who underwent an autopsy and a toxicological analysis, tested positive for alcohol, drugs or psychotropic drugs, alone or in combination. A worrying figure if we also take into account that it represents 2.5% more than the previous year.

The sanctions for testing positive for alcohol and drugs depend on the result of the test. For drivers in general, if the blood alcohol level 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 given.

Exceeding 0.60 mg/l in air is classified in the Penal Code as a crime against traffic safety. 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.

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