We start from the base that when we are required by the Agents of the authority to submit ourselves to a breath control we must take into account the following aspects:
We must cooperate at all times with the directives of the Agents, and voluntarily comply with the practice of the test of the ethylometer since otherwise if we refuse, the Authority can make a certificate that would transfer to judicial units, and we would be directly charged with a crime of Disobedience of article 383 of the Penal Code punishable with imprisonment from 6 months to 1 year and deprivation of the right to drive motor vehicles and mopeds for a time exceeding one and up to four years. And we could also be charged with an offense against the traffic safety of article 379.
If, after the expired air test, the BAC exceeded 0.6 milligrams per liter, we could immobilize the vehicle and take it to the warehouse and the Agent would inform us that a judicial summons will come to us either for a speedy trial or a good trial Statement as being investigated for an alleged crime against the traffic safety envisaged and punished in article 379.2 Penal Code punished with the aforementioned penalties. It could also lead to the arrest of the driver and take him to police departments to make a statement, and whether or not he declares, he would later go to court.
In order to be able to remove the vehicle from the deposit, it is necessary to pay the fee in advance and to be paid by the owner of the vehicle.
Sometimes the Authority allows us to try to locate someone in our environment who can take charge of driving our vehicle and thus avoid the expense that entails the transfer to the warehouse.
It should be borne in mind that, in the event of an accident involving alcohol, our insurance company would, in principle, pay the injured party the relevant compensation for personal and material damages, and then repeat it against the insured because alcoholism is considered as a coverage exclusion clause .
The term established for the prosecution of this type of crimes against traffic safety is the one that marks the prescription of the crime, being 5 years, under the provisions of article 131 of our Penal Code.
One of the rights that protects us from the legal system before a BAC is to request a blood test to test the BAC after the expired air test. In this sense the applicant will have to previously pay a deposit that involves the practice of this test, so that if the result continues to be positive we would lose the deposit, but if it turns out to be negative we would have to return it and we could not be sanctioned.
The request for this test is recommended in those cases in which we are aware that the BAC is positive because of the intake of some medication and we are certain that with the blood test it could be misleading that we have not ingested alcohol.
Sometimes it happens that after completing the blood alcohol test the Agent of the authority notifies us an administrative sanction and a subpoena either to declare as well investigated to assist in the conclusion of a speedy trial for an alleged crime against traffic safety .
In this type of assumptions there is a maxim in Law “non bis in idem” which implies that we can not be tried in different ways for the same facts , having to argue that the criminal procedure always has priority, reason why we will have to appeal the administrative sanction Bringing either the summons of the Court, or the Judgment to request the archiving of the administrative sanctioning procedure.