To address the framework regulatory criminal in this matter, it is necessary to analyse the different types, which are reflected in the Organic law 10/1995 of 23 November, of the criminal code in the words given by the Organic law 15/2007, on 30 November, which are established in chapter IV, title XVII, offences against road safety.
Among them, are driving a vehicle’s engine or moped under the influence of toxic drugs, narcotics and psychotropic substances, as well as the refusal to undergo the testing legally laid down for the verification of the presence of the same.
The regulation by the Spanish legislative of this type of behavior has a broad consensus of the parliamentary groups on the proposals before the Committee on road safety in the Congress of Deputies.
Among the basic objectives pursued, is the increase of control on the tolerable risk by way of the express provision of punishment of in driving while on the influence of toxic drugs. Get a DUI Lawyer now, visit DUI Lawyer in Brampton to get more information about our Driving Under the Influence of Alcohol in Ontario.
In this sense, it will provide for the two criminal types examined, which sanction in relation to substances described two types of different behaviors; trying to protect both the good legal road safety and, over and above the second of them, as a guarantee of protection, the principle of authority, being the regulated articles 379.2 and 383 consecutively in our criminal code.
It refers to driving under the influence of toxic drugs, narcotics and psychotropic substances, that is regulated in article 379.2 from the penal code, punishable in driving a vehicle engine or moped under the influence of the above substances, with penalties laid down in article 379.1, with imprisonment of three to six months or a fine of six to twelve months and work for the benefit of the community from thirty-one to ninety days and, in any case, the deprivation of the right to drive motor vehicles and motorcycles for more than one and up to four years time.
Also in terms of the personal element, can only be charged of this offense to the driver of a moped or motor vehicle, excluding from criminal matters to other road users as in the case of pedestrians and cyclists.