How many drinks can you have and still drive without becoming a pedestrian when the police stop you?

It is common knowledge that we should not drive with a blood alcohol level above the legal limit and that, if we do, we may be penalised. However, the same blood alcohol limit does not apply to everyone, and the type of vehicle being driven is also taken into account. Today we are going to explain the nuances of this potential offence.

Who is required to undergo breathalyser tests?

Anyone driving a vehicle, including bicycles and personal mobility vehicles such as electric scooters, is required to undergo breathalyser tests.

In addition, other road users may also be required to undergo these tests if they are involved in a traffic accident, which means that even pedestrians will have to undergo them in such circumstances.

Law enforcement officers may require breathalyser tests in four specific cases:

- Any road user (driver or not) who may be responsible for an accident.

- Anyone driving a vehicle with obvious signs of being under the influence of alcohol.

- Anyone who has been reported for a traffic offence.

- Those driving a vehicle who are required by the authorities to undergo a preventive breathalyser test.

What are the legally permitted alcohol limits?

The legally permitted alcohol limit varies depending on who is driving the vehicle:

- Drivers in general

0.25 mg/l in exhaled air or 0.50 g/l in blood.

- Professional drivers

These are drivers of vehicles used for the transport of goods with a maximum authorised mass exceeding 3,500 kilograms, vehicles used for the transport of passengers with more than nine seats, or public service vehicles, school and child transport, dangerous goods or emergency services or special transport. The maximum limits are 0.15 mg/l in exhaled air or 0.3 g/l.

- Drivers with less than two years' experience

0.15 mg/l in exhaled air or 0.3 g/l in blood.

- Underage drivers

0 mg/l in exhaled air or 0 g/l in blood.

What is the penalty for driving over the maximum permitted alcohol limit?

Penalties vary depending on the level of alcohol detected, and the consequences can be administrative or criminal. Below, we explain the different scenarios:

Administrative penalties

Driving with a blood alcohol level more than twice the legal limit.

That is, with more than 0.50 mg/l in exhaled air or 1 g/l in blood (professionals and holders of driving licences less than two years old with more than 0.30 mg/l or 0.6 g/l in blood) carries:

- A fine of 1,000 euros.

- Six points deducted from the driving licence.

Driving with a blood alcohol level above the legal limit but less than twice the legal limit.

Between 0.25 and 0.50 mg/l in exhaled air or between 0.50 and 1 g/l in blood (professionals and holders of driving licences less than two years old between 0.15 and 0.30 mg/l or between 0.3 and 0.6 g/l in blood) carries:

- A fine of 500 euros.

- Four points deducted from the driving licence.

Repeat offenders.

Drivers who, without exceeding twice the permitted limit, have been penalised for drink-driving in the previous year:

- A fine of 1,000 euros.

- Loss of 4 or 6 points depending on the level.

In the case of loss of points, this will only apply if the offence is committed with a vehicle that requires a licence or permit to drive. Therefore, no points will be lost if the offence is committed, for example, while riding a bicycle or an electric scooter.

Criminal penalties

Here are the most severe penalties. If the driver exceeds the alcohol limit in their breath by more than 0.60 mg/l or has a blood alcohol level of more than 1.2 g/l, or drives under the influence of alcohol, they may be sentenced to:

- Imprisonment for 3 to 6 months.

- A fine of 6 to 12 months.

- Community service for 30 to 90 days.

- Disqualification from driving for 1 to 4 years.

In this case, it should be noted that the driving licence is always withdrawn, regardless of whether the penalty is imprisonment, a fine or community service.

Likewise, refusing to submit to alcohol testing can also be punished both administratively and criminally.

If you are facing trial for drunk driving and need a solicitor, please contact us.