✅DUI LAWYER BARCELONA

DUI lawyer in Barcelona

At www.alcoholemia.cat, we offer specialized defense in DUI offenses and road safety crimes. We serve clients in Barcelona and also provide online legal services. With 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 road safety offenses, DUI, driving without a license, refusal to take tests, and reckless driving will analyze your case from the very beginning to recommend the best defense strategy based on our experience and minimize the legal consequences.

📞 Call us now at 646861871 for an urgent consultation and defense.
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📩 Contact us through our form for immediate assistance.

🔹 Experience in DUI and road safety offenses
🔹 Legal assistance and urgent defense in fast-track trials
🔹 Over 15 years of experience in Criminal Law

Act quickly and protect your legal rights. Call us now!

Traffic offenses that can be prosecuted through a fast-track trial:

The Criminal Procedure Law (LECrim) regulates expedited trials as a swift procedure for certain less serious offenses, including traffic safety offenses. This type of trial aims to accelerate the judicial process and allow the defendant to obtain a quick resolution, with the possibility of a reduced sentence if they admit to the facts.

Fast-track trials for traffic offenses are regulated in the Criminal Procedure Law (LECrim), specifically in Articles 795 to 803, under Title III – Procedure for the Fast-Track Trial of Certain Offenses.

Article 795.

1. Without prejudice to the provisions established for other special procedures, the process regulated in this Title shall apply to the investigation and trial of crimes punishable by a custodial sentence not exceeding five years, or by any other penalties, whether single, combined, or alternative, with a duration not exceeding ten years, regardless of their severity, provided that the criminal proceedings are initiated based on a police report and that the Judicial Police have arrested a person and brought them before the on-duty court or, even without an arrest, have summoned them to appear before the on-duty court as a named suspect in the police report, and provided that any of the following circumstances apply:

1. That the crimes are flagrant. For these purposes, a flagrant crime is considered to be one that is being committed or has just been committed when the offender is caught in the act. An offender is considered to be caught in the act not only if they are detained while committing the crime, but also if they are detained or pursued immediately after committing it, provided the pursuit continues or is not suspended until the offender is out of immediate reach of those pursuing them. An offender is also considered to be caught in the act if they are found immediately after committing a crime with effects, tools, or traces that reasonably suggest their involvement in it.

2. That it involves one of the following offenses:

a) Offenses such as bodily harm, coercion, threats, or habitual physical or psychological violence committed against the individuals referenced in Article 173.2 of the Penal Code.

b) Theft offenses.

c) Robbery offenses.

d) Theft and unlawful use of vehicles.

e) Traffic safety offenses.

f) Damage-related offenses as described in Article 263 of the Penal Code.

g) Offenses against public health as outlined in Article 368, second paragraph, of the Penal Code.

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

i) Crimes of unlawful entry as outlined in Article 202 of the Penal Code.

j) Offenses of usurpation as outlined in Article 245 of the Penal Code.

3. That it concerns an offense likely to involve a straightforward investigation.

2. The procedure outlined in this Title shall not apply to the investigation and prosecution of offenses connected to other offenses not included in the previous section.

3. This procedure will not apply in cases where it is appropriate to order the confidentiality of proceedings, in accordance with Article 302.

4. For all matters not expressly provided for in this Title, the rules of Title II of this same Book, related to the abbreviated procedure, shall apply as a supplement.

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

🔹 Driving under the influence of alcohol or drugs (Article 379 of the Spanish Criminal Code)
🔹 Refusing to take a breathalyzer test (Article 383 of the Spanish Criminal Code)
🔹 Reckless driving (Article 380 of the Spanish Criminal Code)
🔹 Driving without a license due to loss of points or never having obtained one (Article 384 of the Spanish Criminal Code)
🔹 Exceeding the speed limit by more than 60 km/h in urban areas or 80 km/h on highways (Article 379.1 of the Spanish Criminal Code)

The expedited trial begins if the arrest is immediate or if the police have clear evidence of the crime, such as the results of a breathalyzer test. Thus, in the realm of road safety, the crimes that may be tried via expedited trial include:

1️⃣ Driving under the influence of alcohol or drugs (Article 379.2 of the Penal Code)

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

Article 379.

1.The person who drives a motor vehicle or a moped at a speed exceeding the legally permitted limit by 60 kilometers per hour on urban roads or by 80 kilometers per hour on interurban roads shall be punished with a prison sentence of three to six months, or with a fine of six to twelve months, or with community service of 31 to 90 days, and, in any case, with the deprivation of the right to drive motor vehicles and mopeds for a period exceeding one year and up to four years.

2. With the same penalties, anyone who drives a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances, or alcoholic beverages shall be punished. In any case, anyone who drives with a breath alcohol concentration exceeding 0.60 milligrams per liter or with a blood alcohol concentration exceeding 1.2 grams per liter shall be sentenced to these penalties.

2️⃣ Excessive speeding (Article 379.1 of the Penal Code)

🔹 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 of 3 to 6 months.
🔹 License suspension: 1 to 4 years.

Article 379.

1.The person who drives a motor vehicle or a moped at a speed exceeding the legally permitted limit by 60 kilometers per hour on urban roads or by 80 kilometers per hour on interurban roads shall be punished with a prison sentence of three to six months, or with a fine of six to twelve months, or with community service of 31 to 90 days, and, in any case, with the deprivation of the right to drive motor vehicles and mopeds for a period exceeding one year and up to four years.

With the same penalties, anyone who drives a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances, or alcoholic beverages shall be punished. In any case, anyone who drives with a breath alcohol concentration exceeding 0.60 milligrams per liter or with a blood alcohol concentration exceeding 1.2 grams per liter shall be sentenced to these penalties.

3️⃣ Reckless driving, with or without risk to life (Articles 380 and 381 of the Penal Code)

🔹 Driving with blatant disregard for the lives of others.
🔹 If there is no risk to third parties:
➡️ Penalty: Imprisonment of 6 months to 2 years.
➡️ License suspension: From 1 to 6 years.
🔹 If there is a risk to third parties:
➡️ Penalty: Imprisonment of 2 to 5 years.
➡️ License suspension: From 6 to 10 years.

Article 380.

1. Anyone who drives a motor vehicle or a moped with manifest recklessness and thereby puts the life or integrity of persons in concrete danger shall be punished with imprisonment of six months to two years and the deprivation of the right to drive motor vehicles and mopeds for more than one and up to six years.

2. For the purposes of this provision, driving in which the circumstances set forth in the first section and in the second clause of the second section of the preceding article occur shall be deemed manifestly reckless.

4️⃣ Refusal to take alcohol or drug tests (Article 383 of the Penal Code)

🔹 Refusing to undergo a breathalyzer or drug test when requested by an officer.
🔹 Penalty: Imprisonment of 6 months to 1 year.
🔹 License suspension: From 1 to 4 years.

Article 383.

The driver who, when requested 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 aforementioned articles, will be punished with a prison sentence of six months to one year and a suspension of the right to drive motor vehicles and mopeds for a period exceeding one year and up to four years.

5️⃣ Driving without a license due to point loss or never having obtained one (Article 384 of the Penal Code)

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

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

Article 384.

Anyone who drives a motor vehicle or moped in cases where the permit or license has lost its validity due to the total loss of legally assigned points shall be punished with imprisonment of three to six months, or with a fine of twelve to twenty-four months, or with community service of thirty-one to ninety days.

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

Choosing a Lawyer: Public Defender or Private Attorney?

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

Benefits of a public defender

1. Free service if you meet the requirements

Court-appointed lawyers are free of charge if you can prove a lack of financial resources. This saves you the costs of hiring a private lawyer.

2. Guaranteed professionalism

Court-appointed lawyers are licensed attorneys with experience in criminal law and road safety offenses, which means they are fully qualified to defend DUI cases and other traffic-related crimes.

3. Mandatory defense

If you are detained and do not have a lawyer, a court-appointed attorney will be assigned to you to guarantee your right to defense from the outset.

4. Full process coverage

The public defender will assist you in all stages of the procedure:

• Statement at the police station.
• Fast-track trial or full court trial.
• Appeals and legal remedies.
• Sentence enforcement.

Disadvantages of a Public Defender

Not all cases qualify for free legal aid

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

You cannot choose your lawyer

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

Directory of the Courts in Barcelona

Directory of the Courts of Instruction of Barcelona

Remember that if you wish to be assisted by a private lawyer, you must inform the police or the Court.

You can check the updated list of phone numbers and addresses of the Barcelona Courts of Instruction at the following link.

Its address is Gran Via de les Corts Catalanes, 111 (Building I), 08075.

You can consult the updated directory of phone numbers and addresses for the Barcelona Criminal Courts at the following link.

Its address is Gran Via de les Corts Catalanes, 111 (Building P), 08075.

Location and maps of the Courts in Barcelona

Map: How to get to the Investigating Courts of Barcelona

Map: How to get to the Criminal Courts of Barcelona

Map of the territorial jurisdiction of the Barcelona Judicial District

The Judicial District of Barcelona is one of the 49 judicial districts into which the Autonomous Community of Catalonia is divided, being Judicial District No. 11 of the Province of Barcelona.

The headquarters of the judicial bodies for this district is located in the Ciutat de la Justícia de Barcelona i l’Hospitalet de Llobregat, situated at Gran Via de les Corts Catalanes, 111, 08075 Barcelona. This complex houses most of the city’s courts and tribunals, providing convenient access and streamlined judicial management.

The Judicial District of Barcelona covers only the municipality of Barcelona, being one of the largest and with the highest volume of judicial activity in Spain.

You can view the map of the judicial district of Barcelona here.

Functions of the Investigation Courts and Criminal Courts in Barcelona | Offenses against Road Safety and Traffic

The Investigating and Criminal Courts in Barcelona play a key role in the administration of justice in cases related to traffic offenses and road safety. From the initial investigation to the imposition of sanctions and penalties, these judicial bodies ensure that the law is upheld in the city of Barcelona.

Investigating Courts in Barcelona (Investigation Phase)

The Investigating Courts are responsible for investigating crimes and determining whether there is sufficient evidence to bring a case to trial.

🔹 Main functions of Investigating Courts:

✔️ Reception of complaints and police reports
✔️ Investigation of traffic offenses: DUI, driving without a license, refusal to take tests, etc.
✔️ Taking statements from witnesses and defendants
✔️ Ordering expert and forensic tests: blood alcohol and drug analysis
✔️ Adoption of precautionary measures, such as driver’s license suspension or pre-trial detention
✔️ Determination of sufficient evidence to continue the judicial process
✔️ Resolution of fast-track trials in flagrant offenses with plea agreements

Important:
🔹 In traffic offenses such as driving under the influence of alcohol or drugs, driving without a license, or refusal to undergo breathalyzer tests, the investigation is fast and the case may be resolved through a fast-track trial.

Criminal Courts in Barcelona (Trial and Sentencing Phase)

If the Investigation Court finds sufficient evidence, the case is forwarded to the Criminal Courts, where the trial is held and a sentence is pronounced.

🔹 Main functions of Criminal Courts:

✔️ Prosecution of crimes
✔️ Oral trial hearings with presentation of evidence, witnesses, and defense
✔️ Issuance of judgment: imprisonment, fines, community service, driver’s license suspension

Important:
🔹 The Criminal Courts can try offenses with a sentence not exceeding 5 years of imprisonment (with exceptions).
🔹 If the expected sentence is higher, the case is referred to the Provincial Court of Barcelona, with certain exceptions.

Benefits of opting for a fast-track trial

🔹 Conclusion

Fast-track trials are an agile and effective procedure for offenses such as DUI, driving without a license, refusal to undergo breathalyzer tests, or gender-based violence. Accepting a plea agreement may be a beneficial strategy if seeking a reduced sentence and an immediate resolution. However, if there are doubts about the defense, it is essential to carefully study the case with a trusted lawyer.

Do you need a criminal lawyer in Barcelona?

Have you been charged with a traffic offense in Barcelona?
If you are facing charges for road safety crimes such as DUI, reckless driving, or driving without a license, a specialized lawyer can help you.

We offer criminal defense across most of Catalonia: urgent assistance and legal representation.

If you are facing charges for DUI, drug driving, reckless driving, or refusing a breath test, you need an expert criminal defense. We provide immediate assistance, court representation, and specialized legal defense.

📍 We provide services in the following judicial districts:

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

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

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

Sources

Consejo General del Poder Judicial (CGPJ). (s.f.). Directorio de Juzgados de lo Penal – Provincia de Barcelona.

Consejo General del Poder Judicial (CGPJ). (s.f.). Directorio de Juzgados de Instrucción – Provincia de Barcelona.

Ley de Enjuiciamiento Criminal (LECrim)

 Código Penal (CP)

Cartography of the judicial districts

https://www.icab.es/es/servicios-a-la-ciudadania/justicia-gratuita

https://www.abogacia.es/servicios/ciudadanos/servicios-de-orientacion-juridica-gratuita

Frequently Asked Questions (FAQs) about Traffic Offenses