✅DUI lawyer Girona

Expert DUI lawyer in Girona

At Alcoholemia.cat, we are criminal defense lawyers specialized in DUI offenses in Girona. With lawyers who have over 15 years of experience in criminal law and fast-track DUI trials, we have achieved sentence reductions, avoidance of convictions, and minimal driver’s license suspension.

If you have been summoned by the Mossos d’Esquadra or the Duty Court for a fast-track DUI trial or any offense against road safety or traffic, acting quickly is crucial. Our expert lawyers in traffic-related offenses, DUI, driving without a license, refusal to take tests, and reckless driving will analyze your case from the very first moment to recommend the best defense strategy based on our experience and minimize the legal consequences.

If you are facing a DUI charge in Girona, you need a fast and effective defense. Our team of lawyers specialized in DUI is here to protect your rights.

Facing a criminal case for drunk driving can be overwhelming, with consequences ranging from fines and license loss to license suspension or even prison sentences. Our priority is to provide you with comprehensive legal advice and strong representation from the very beginning.

📞 Call us now at 646 861 871 for a consultation and urgent defense.
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📩 Contact us through our online form for immediate assistance.

🔹 Specialists in DUI and road safety offenses in Girona.
🔹 Legal assistance and urgent defense in fast-track trials.
🔹 Over 15 years of experience in criminal law

Act fast and protect yourself legally. Call us now!

Road safety offenses that can be prosecuted through a fast-track trial

The Spanish Criminal Procedure Law (LECrim) regulates fast-track trials as an expedited procedure for certain less serious offenses, including road safety offenses. This type of trial aims to speed up the judicial process and allow the defendant to obtain a quick resolution, with the possibility of a sentence reduction if they acknowledge the facts

Fast-track trials for road safety offenses are regulated under the Spanish Criminal Procedure Law (LECrim), specifically in Articles 795 to 803, within Title III – Procedure for the expedited trial of certain offenses.

Article 795.

1. Without prejudice to the provisions established for other special proceedings, the procedure regulated in this Title shall apply to the investigation and trial of offenses punishable by a prison sentence not exceeding five years, or by any other penalties — whether single, combined, or alternative — whose duration does not exceed ten years, regardless of their amount, provided that the criminal process is initiated as a result of a police report and that the Judicial Police has arrested a person and brought them before the duty court, or that, even without arrest, has summoned them to appear before the duty court as a person accused in the police report, and, in addition, any of the following circumstances occur:

1st. That the offense is a flagrant crime. For these purposes, a flagrant crime shall be considered one that is being committed or has just been committed when the offender is caught in the act. A person shall be deemed to be caught in the act not only if arrested while committing the crime, but also if arrested or pursued immediately after committing it, provided that the pursuit continues without interruption until the offender is no longer within the immediate reach of those pursuing them. A person shall also be considered caught in flagrante delicto if found immediately after committing a crime in possession of objects, instruments, or evidence that allow for the presumption of their involvement.

2nd. That it concerns any of the following offenses:

a) Offenses of bodily harm, coercion, threats, or habitual physical or psychological violence, committed against the persons referred to in Article 173.2 of the Spanish Criminal Code.

b) Theft offenses.

c) Robbery offenses.

d) Offenses of vehicle theft and unauthorized use of vehicles.

e) Traffic safety offenses.

f) Offenses of damage referred to in Article 263 of the Criminal Code.

g) Offenses against public health provided for in Article 368, second paragraph, of the Criminal Code.

h) Flagrant offenses related to intellectual and industrial property as provided for in Articles 270, 273, 274, and 275 of the Criminal Code.

i) Offenses of home trespassing under Article 202 of the Criminal Code.

j) Offenses of usurpation under Article 245 of the Criminal Code.

3. That it concerns a punishable act whose investigation is presumed to be straightforward.

2. The procedure regulated in this Title shall not apply to the investigation and prosecution of those offenses that are connected with other offenses not included in the previous section.

This procedure shall not apply in cases where it is appropriate to order the secrecy of the proceedings in accordance with the provisions of Article 302.

In all matters not expressly provided for in this Title, the rules of Title II of this same Book, relating to the abbreviated procedure, shall apply on a supplementary basis.

Thus, fast-track trials apply to flagrant offenses punishable by up to 5 years of imprisonment and involving traffic safety offenses. The traffic safety offenses are the following:

• Driving under the influence of alcohol or drugs (Article 379 Spanish Criminal Code)

• Refusal to take a breathalyzer test (Article 383 Spanish Criminal Code)

• Reckless driving (Article 380 Spanish Criminal Code)

• Driving without a license due to loss of points or never having obtained one (Article 384 Spanish Criminal Code)

• Exceeding the speed limit by more than 60 km/h in urban areas or 80 km/h on interurban roads (Article 379.1 Spanish Criminal Code)

A fast-track trial is initiated if the arrest is immediate or the police have clear evidence of the offense, such as the results of a breathalyzer test. Thus, in the field of road safety, the offenses that can be prosecuted through a fast-track trial include:

1️⃣ Driving under the influence of alcohol or drugs (Art. 379.2 PC)

🔹 Exceeding 0.60 mg/l in breath alcohol concentration or 1.2 g/l in blood alcohol concentration.
🔹 Penalty: Fine of 6 to 12 months, community service (31 to 90 days), or imprisonment from 3 to 6 months.
🔹 License suspension: From 1 to 4 years.

Article 379.

1. Anyone who drives a motor vehicle or moped at a speed exceeding by more than 60 km/h in urban areas or 80 km/h on interurban roads the legally permitted limit shall be punished with a prison sentence of three to six months, or a fine of six to twelve months, or community service from thirty-one to ninety days, and, in any case, with disqualification from driving motor vehicles and mopeds for a period of more than one and up to four years.

2. The same penalties shall be imposed on anyone who drives a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances, or alcoholic beverages. In any case, these penalties shall apply to anyone driving with a breath alcohol concentration greater than 0.60 milligrams per liter or a blood alcohol concentration greater than 1.2 grams per liter.

2️⃣ Excessive speeding (Art. 379.1 PC)

🔹 Exceeding the speed limit by more than 60 km/h in urban areas or 80 km/h on highways.
🔹 Penalty: Fine of 6 to 12 months, community service (31 to 90 days), or imprisonment from 3 to 6 months.
🔹 License suspension: From 1 to 4 years.

Article 379.

1. Anyone who drives a motor vehicle or moped at a speed exceeding by more than 60 km/h in urban areas or 80 km/h on interurban roads the legally permitted limit shall be punished with a prison sentence of three to six months, or a fine of six to twelve months, or community service from thirty-one to ninety days, and, in any case, with disqualification from driving motor vehicles and mopeds for a period of more than one and up to four years.

2. The same penalties shall be imposed on anyone who drives a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances, or alcoholic beverages. In any case, such penalties shall be imposed on anyone who drives with an alcohol level in exhaled air exceeding 0.60 milligrams per liter or with a blood alcohol level exceeding 1.2 grams per liter.

3️⃣ Reckless driving, with or without endangerment to life (Arts. 380 and 381 PC)

Driving with willful disregard for the lives of others

• If there is no risk to others: Prison sentence of 6 months to 2 years.
  License suspension: From 1 to 6 years.

• If there is risk to others: Prison sentence of 2 to 5 years.
  License suspension: From 6 to 10 years.

Article 380.

1. Whoever drives a motor vehicle or moped with manifest recklessness and places the life or physical integrity of others in concrete danger shall be punished with imprisonment from six months to two years and disqualification from driving motor vehicles and mopeds for a period of more than one year and up to six years.

For the purposes of this provision, driving shall be deemed manifestly reckless when the circumstances set out in the first paragraph and in the second clause of the second paragraph of the previous article are present.

4️⃣ Refusal to undergo alcohol or drug testing (Art. 383 PC)

• Refusal to take a breathalyzer or drug test after being required to do so by an officer.
• Penalty: Prison sentence of 6 months to 1 year.
• License suspension: From 1 to 4 years.

Article 383.

The driver who, when required by a law enforcement officer, refuses to undergo the legally established tests to verify blood alcohol levels or the presence of toxic drugs, narcotics, and psychotropic substances as referred to in the preceding articles, shall be punished with imprisonment from six months to one year and disqualification from driving motor vehicles and mopeds for a period of more than one year and up to four years.

5️⃣ Driving without a license due to loss of points or for never having obtained one (Art. 384 PC)

🔹 Cases:
✅ Having lost all license points.
✅ Never having obtained a driver’s license.
✅ Having the license judicially suspended.

🔹 Penalty: Fine of 12 to 24 months, community service (31 to 90 days), or imprisonment from 3 to 6 months.

Article 384.

Whoever drives a motor vehicle or moped after the revocation of their license or permit due to the total loss of legally assigned points shall be punished with imprisonment from three to six months, or with a fine of twelve to twenty-four months, or with community service from thirty-one to ninety days.

The same penalty shall be imposed on anyone who drives after having been temporarily or permanently deprived of their license by judicial decision, as well as on anyone who drives a motor vehicle or moped without ever having obtained a driving license or permit.

Stages of the fast-track trial under the Spanish Criminal Procedure Act (LECrim):

Phase 1: Police report and arrest
The process begins with a police report, where the accused is identified and arrested if applicable. The report is then sent to the duty court.

Phase 2: Appearance before the investigating judge (Article 797 LECrim)
The detainee appears before the Investigating Court, where they are informed of their rights and their statement is taken.

Phase 3: Plea agreement offer (Article 801 LECrim)
If the accused accepts the facts and pleads guilty, they may benefit from a one-third sentence reduction, avoiding a lengthy trial.

Phase 4: Referral to the Criminal Court or case dismissal
✔️ If the accused accepts the plea agreement, the duty court issues a sentence immediately.
✔️ If the accused does not accept the plea, the case is referred to the Criminal Court, which may hold the trial within approximately one year, depending on the availability and workload of the competent court.

Benefits of opting for a fast-track trial

✅ One-third sentence reduction if the accused accepts the plea agreement (Article 801 LECrim).
✅ Fast resolution of the proceedings in just a few days.
✅ Lower cost and less judicial stress for the accused.
✅ Avoids a lengthy trial and reduces the likelihood of a harsher sentence.

Benefits of opting for a fast-track trial

If you have been arrested for a road safety offense, such as a criminal DUI, reckless driving, or refusal to take a breathalyzer test, you can choose a private lawyer or request a court-appointed lawyer if you meet the requirements for legal aid.

Benefits of a court-appointed lawyer

1. Free service if you meet the requirements

Court-appointed lawyers are free if insufficient financial resources are proven. This saves you the cost of hiring a private lawyer.

2. Guaranteed professionalism

Court-appointed lawyers are licensed attorneys with experience in criminal law, and are therefore qualified to defend DUI cases and other traffic offenses.

3. Mandatory defense in urgent cases

If you are arrested and do not have a lawyer, a court-appointed lawyer will be assigned to you to guarantee your right to defense from the very first moment.

4. Full coverage of the process

The court-appointed lawyer will assist you in all stages of the proceedings:

• Statement at the police station.
• Fast-track trial or ordinary procedure.
• Appeals and challenges
• Enforcement of the sentence

Disadvantages of a court-appointed lawyer

1. Not all cases are free

Even if you are assigned a court-appointed lawyer, if you do not meet the requirements for legal aid, you will have to pay their fees once the process is over.

2. You cannot choose the lawyer

The court-appointed lawyer is assigned through the duty roster system, so you cannot choose them.

In cases where you wish to be assisted by a private lawyer, you must inform the police or the court.

Directory of the Courts of Girona

Directory of the Courts of Investigation and Criminal Courts of Girona

Criminal Courts of Girona

You can check the address and contact details of the Criminal Courts of Girona at the official link.

Courts of Investigation in Girona

You can check the address and contact details of the Courts of Investigation of Girona at the link.

Map: How to get to the Courts of Investigation and Criminal Courts of Girona

Territorial jurisdiction of the courts of Girona

The Judicial District of Girona is one of the 49 judicial districts into which the Autonomous Community of Catalonia is divided, being Judicial District No. 2 of the province of Girona.

The territorial scope, regulated by Royal Decree 529/1983 of March 9, covers the municipalities of:​

Aiguaviva, Bañolas, Bescanó, Bordils, Camós, Campllonch, Canet de Adri, Cassá de la Selva, Celrá, Cerviá de Ter, Cornellá del Terri, Crespiá, Esponellá, Flassá, Fontcoberta, Fornells de la Selva, Gerona, Juyá, Llagostera, Llambillas, Madremaña, Palol de Rebardit, Porqueras, Quart, Salt, San Andrés Salou, San Gregorio, San Juan de Mollet, San Jordi Desvalls, San Julián de Ramis, San Martín de Liémana, San Martivell, San Miguel de Campmajor, Sarriá de Ter, Seriñá, Vilablareix, Viladasens y Vilademuls.

Map of the territorial jurisdiction of the judicial district of Girona

You can check the map of the judicial district of Girona here.

On a larger map we can see all the courts of the judicial districts of the province of Girona: Girona, Olot, Ripoll, Santa Coloma de Farners, Blanes and Sant Feliu de Guíxols.

Traffic offenses tried through a Fast-Track Trial

Not all traffic offenses can be resolved through a fast-track trial. Below are the most common ones:

1️⃣ Driving under the influence of alcohol or drugs

• Crime if the level exceeds 0.60 mg/l in breath or 1.2 g/l in blood.
• Penalties of a fine, license suspension from 1 to 4 years, or up to 6 months in prison.

2️⃣ Refusing to take the alcohol or drug test

• Punishable with imprisonment from 6 months to 1 year and license suspension of up to 4 years.

3️⃣ Serious speeding offense

• It is considered a crime if you exceed the limit by more than 60 km/h in the city or 80 km/h on the road.
• Penalties of 3 to 6 months in prison, a fine, or community service.

4️⃣ Reckless driving

• If the lives of others are put in serious danger, the penalty may be 6 months to 2 years in prison and license suspension.

5️⃣ Driving without a license or after losing all points

• It carries a penalty of 3 to 6 months in prison, a fine, or community service.
  
  

How does a Fast-Track Trial work in traffic offenses?

1️⃣ Arrest or summons

If the police catch you committing a traffic offense, you may be:
✔️ Arrested and taken to the police station.
✔️ Summoned to appear before the judge.

2️⃣ Intervention of the Duty Court of Girona

The Duty Court reviews the evidence and decides whether the case will be processed as a fast-track trial or proceed to an oral trial.

3️⃣ Offer to plead guilty (acceptance of charges)

Before the trial, the prosecutor offers the defendant the possibility to admit the facts and reduce the sentence by one third.

4️⃣ Holding of the Fast-Track Trial

• If you accept the plea agreement, the judge issues a reduced sentence on the spot.
• If you reject the plea agreement, the case will go to an oral trial at the Criminal Court, with the risk of a harsher sentence.

5️⃣ Sentence and execution of the penalty

The sentence is issued quickly and may include:
✔️ Fine
✔️ License suspension (In most convictions for road safety offenses, a license suspension is applied)
✔️ Community service
✔️ Imprisonment

Do you need a criminal lawyer in Girona?

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Have you been charged with a road safety offense in Girona?
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Criminal defense for drunk driving in Catalonia: Urgent assistance and legal representation

If you are facing a DUI offense, drug-impaired driving, reckless driving, or refusal to take a breathalyzer test, you need expert criminal defense. We offer immediate assistance, court representation, and specialized legal defense in Catalonia.

📍 We provide service in:

➡️ Barcelona and province: Arenys de Mar, Badalona, Barcelona, Berga, Cerdanyola del Vallès, Cornellà de Llobregat, Esplugues de Llobregat, Gavà, Granollers, L’Hospitalet de Llobregat, Igualada, Manresa, Martorell, Mataró, Mollet del Vallès, El Prat de Llobregat, Rubí, Sabadell, Santa Coloma de Gramenet, Sant Boi de Llobregat, Sant Feliu de Llobregat, Terrassa, Vic, Vilafranca del Penedès, Vilanova i la Geltrú.

➡️ Girona and province: Girona, Blanes, Sant Feliu de Guíxols, La Bisbal d’Empordà, Olot, Ripoll.

➡️ Tarragona and province: Amposta, Falset, Gandesa, Reus, Tarragona, Tortosa, Valls, El Vendrell.

📞 Express legal consultation | 🚀 Personalized advice | 🏛️ Defense in fast-track trial

FAQs: Frequently Asked Questions about Fast-Track Trials in Traffic Offenses

Sources

Consejo General del Poder Judicial (CGPJ). (s.f.). Directorio de Órganos Judiciales – Provincia de Girona

Ley de Enjuiciamiento Criminal (LECrim)

 Código Penal (CP)

•  Artículos clave relacionados con la alcoholemia y seguridad vial:
  • Article 379: Offense of driving under the influence of alcohol or drugs
  • Article 380: Offense of reckless driving
  • Article 381: Aggravating circumstances in reckless driving
  • Article 384: Driving without a permit or license