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    Drink-driving lawyer in Barcelona

    Testing positive at a breathalyser check can be an administrative offence or a crime, depending on the reading and the circumstances. If it is a crime, it is usually dealt with as a fast-track trial, within a few days. At Antonio Galiano Legal, a law firm in the Sant Andreu district of Barcelona, we assist you from the summons to the trial.

    • Assistance at the duty court
    • Defence in fast-track trials for road safety offences
    • We explain what penalty may apply and what options you have
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    Fine or criminal offence?

    • Administrative offence. Exceeding the permitted limit (0.25 mg/l in exhaled air in general, and 0.15 mg/l for new and professional drivers) is punished with a fine and the loss of points, under the Traffic Act.
    • Criminal offence. Driving under the influence of alcohol, or with a reading above 0.60 mg/l in exhaled air, is an offence against road safety.
    • Penalties for the offence. Three to six months in prison, a fine of six to twelve months or community service, and in all cases a driving ban of one to four years.
    • Refusing the test. This is also an offence, with its own penalties.

    What a fast-track trial involves

    After the check, the police usually summon the person to appear before the duty court within a few days. The case is investigated there and, if the requirements are met, a plea agreement (conformidad) may be reached: if the facts are admitted at that point, the law provides for the sentence to be reduced by one third. Whether that is advisable depends on each case. Before you decide, we review the police report, examine whether the prosecution has what the law requires and explain all the consequences to you, including a criminal record.

    What we handle

    • Drink-driving above the criminal limit
    • Refusing to take the tests
    • Driving under the influence of drugs
    • Speeding amounting to a criminal offence
    • Driving without a licence or while disqualified
    • Reckless driving
    • Fast-track trials and minor offences in general

    How we work

    Before the hearing. If you call us as soon as you receive the summons, we can review the documents in good time.

    At the duty court. We go with you and explain each step before you make any decision.

    Afterwards. We tell you how to serve the sentence and when and how you can get your licence back.

    Who handles your case

    Antonio Galiano Ortega, a lawyer registered with the Barcelona Bar Association (Il·lustre Col·legi de l'Advocacia de Barcelona) under number 48.015. The office is at Carrer de Portugal, 3, in the Sant Andreu district. We work in Barcelona, Badalona, L'Hospitalet de Llobregat and the metropolitan area.

    Legislation cited

    Frequently asked questions

    Will I lose my driving licence?
    If the facts amount to a criminal offence, the penalty always includes a driving ban of one to four years. Where the ban exceeds two years, the licence ceases to be valid and must be obtained again before you can drive. In administrative proceedings, the penalty involves the loss of points.
    Will I have a criminal record?
    A conviction for a criminal offence results in a criminal record, which is entered in the relevant register. It can be removed once the period set by the Criminal Code has passed, which varies according to the sentence imposed, provided no further offence has been committed.
    Do I need a lawyer for the fast-track trial?
    Yes. In a fast-track trial for a criminal offence, legal representation is compulsory. You can appoint a lawyer of your choice or, if you do not, a legal aid lawyer will be assigned to you. It is best to do so before going to the duty court, so that the summons and documents can be reviewed.
    What happens if I refused to take the test?
    Refusing to take the legally required tests is a separate offence from driving under the influence of alcohol, with its own penalties, which also include a driving ban. We explain your specific situation once we have seen the police report.
    How much are your fees?
    They depend on the matter. Before we start, we give you a fixed written quote, which includes assistance at the duty court and, where applicable, the trial.

    Have you been summoned to a fast-track trial?

    Call us on +34 711 53 61 06 or message us on WhatsApp with the summons to hand. We will tell you what to prepare before going to court.

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