In order to know the time limit for expungement, the first thing to check is the punishment with which the Penal Code punishes the crime of driving a vehicle under the influence of alcoholic beverages.
Regulation of the crime of drunk driving
Article 379 of the Penal Code is the one that informs the awards for driving under the influence of alcoholic beverages or drugs. It is important to have a lawyer to be able to find out what crime we have committed and how to minimize the penalty.
To be more specific article 379, establishes the following penalties:
Imprisonment from 3 to 6 months or fine from 6 to 12 months or community service from 31 to 90 days.
This crime always has the consequence of the withdrawal of the driver's license for a period of 1 to 4 years.
How much can I drink in order not to incur in this crime?
In order to be convicted for an alcohol offense, the alcohol rates described in the Penal Code must be exceeded:
- 0.60 milligrams per liter in exhaled air when you blow into the apparatus of the Civil Guard or Police that performs the control.
- 1.2 grams per liter in blood when you take the blood test.
Can I be convicted if I do not exceed these alcohol levels?
Even if you do not exceed these rates of alcohol, you can be convicted of a crime if it is proven that you were driving with an undoubted impairment of physical or mental faculties.
Will I get a criminal record for a drunk driving offense?
The answer is yes. The criminal record will be recorded in the Register of Convicted Persons, because driving under the influence of alcohol is considered a crime.
What is the time limit for the cancellation of the criminal record for a drunk driving offense?
As we have explained above, this crime carries the imposition of two distinct penalties:
1ª. A prison sentence (from 3 to 6 months); or a fine (6 to 12 months); or community service (from 31 to 90 days).
2nd And, in addition, the penalty of withdrawal of the driving license for a period of 1 to 4 years.
Depending on the duration of the penalties reflected in the sentence, the term of cancellation of criminal record for an alcohol offense will change as follows:
A. In any of the cases in which the sentence is a prison sentence (from 3 to 6 months), a fine (from 6 to 12 months) or community service (from 31 to 90 days), since they are less serious penalties, the expungement period is two years.
B. For the penalty of withdrawal of driving license for a period of 1 year up to 4 years:
If the driving license withdrawal has been for one year or less, the cancellation term is six months.
If the driving license has been withdrawn for more than 1 to 3 years, the cancellation period is three years.
If the driving license has been withdrawn for a period of 3 to 4 years, the expungement period is five years.
From when should the time periods for the cancellation of a record for a drunk driving offense be counted?
The time periods shown will be counted from the day following the day on which the criminal liability has been extinguished, that is, from the day the last of the penalties imposed on you has been served.
Can the sentence be reduced if the defendant complies with the request of the Public Prosecutor's Office?
As the alcohol offenses will take place in court as speedy trials, it is important to know that, if you as the defendant are satisfied with the request for conviction of the Public Prosecutor, you are entitled to a reduction of one third of the penalties for this crime.
If you need a lawyer to handle your case, call us and we will help you.
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