Driver Charged Twice for Drunk Driving in Less Than Six Hours

The Civil Guard of Guadalajara has charged a driver for testing positive in two alcohol tests conducted in less than six hours. Initially, he was stopped by the Traffic Civil Guard of Sigüenza (Guadalajara) at kilometre 55 of the A-2 motorway with a blood alcohol level of 0.81 milligrams per litre of exhaled air.

Consequently, he was charged as a suspected offender of a crime against road safety for driving under the influence of alcohol. The officers were initially reassured as the driver's companion took charge of the vehicle after testing negative in the alcohol test and committed to driving it.

However, the same vehicle was caught six hours later on the N-320 road, in the municipality of Horche (Guadalajara), after other road users alerted the emergency services at 112 about a vehicle driving erratically. On this second occasion, the Security Unit of the Civil Guard Command of Guadalajara managed to intercept the driver and requested support from a Traffic Subsector patrol as the driver showed clear signs of driving under the influence of alcohol.

Upon arriving at the scene, the Traffic Civil Guard patrol officers were surprised to find it was the same person who had been charged hours earlier. Subjected again to breathalyser tests, he tested positive with a result of 1.05 milligrams of alcohol per litre of exhaled air in the first test - a higher amount than recorded hours earlier - and refused to take a second test. Therefore, he was charged a second time for a crime against road safety. Following these events, the Traffic Civil Guard has reminded that driving under the influence of alcohol can constitute a crime against road safety as stipulated in Article 379 of the Penal Code and, if convicted, is punishable by imprisonment for three to six months, a fine of six to twelve months, or community service for thirty-one to ninety days, and, in any case, with the deprivation of the right to drive motor vehicles and mopeds for more than one and up to four years.

Additionally, if the driver, when required by the authority, refuses to undergo alcohol tests, as occurred in the second test conducted, his offence could be punished with imprisonment for six months to one year and deprivation of the right to drive motor vehicles and mopeds for more than one and up to four years.