Can You Be Breathalysed While Parked?

A recent ruling by the Administrative Court No. 3 of Bilbao has highlighted a common error in the application of drink-driving penalties. The case, managed by traffic and transport fine experts Pyramid Consulting, ruled in favour of a driver fined €1,000 and six points on their licence, despite the vehicle being parked and not in motion at the time of the test.

This judicial decision underscores a key aspect of the law: officers cannot penalise for drink-driving if they have not observed the driver in motion. The ruling, which was fully upheld, sets an important precedent for all drivers.

The case: the driver was reported for testing positive in a breathalyser test, even though the vehicle was parked. The officers did not stop the driver while driving but found them already stationary. Additionally, the driver was fined for parking in a prohibited lane, which further weakened the basis for the drink-driving penalty.

The Court highlighted in its resolution: "It is not proven that the driver was driving. The vehicle was stationary and parked, and the driver was even fined for parking in a prohibited lane. This raises doubts about the conduct of the accused and justifies the appeal's approval."

The reported offence was based on "driving with a blood alcohol level above 0.50 mg/l in exhaled air." However, for a breathalyser test to be valid, the vehicle must be in motion. If the car is parked, officers have no legal basis to conduct the test.

This case raises a common question among drivers: What happens if you park your car, consume alcohol, and then encounter a police checkpoint upon return? According to Pyramid Consulting experts, the answer is clear: if you were not seen driving, you cannot be penalised for drink-driving.