{"id":239070,"date":"2023-05-17T09:26:27","date_gmt":"2023-05-17T09:26:27","guid":{"rendered":"https:\/\/corujojimenezabogados.com\/delitos-contra-seguridad-vial\/"},"modified":"2026-04-09T18:10:20","modified_gmt":"2026-04-09T18:10:20","slug":"delitos-contra-seguridad-vial","status":"publish","type":"page","link":"https:\/\/corujojimenezabogados.com\/en\/delitos-contra-seguridad-vial\/","title":{"rendered":"Crimes against road safety"},"content":{"rendered":"
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Crimes against road safety<\/h1>\n<\/div><\/div>\n\n
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Crimes against road safety are a type of unlawful conduct that endanger safety on public roads, and specifically life, integrity and health, not only for the actor of the facts, but also for all those around him, the latter being the protected legal right, which makes up the whole group.<\/p>\n<\/div><\/div>\n<\/div>\n<\/div>\n\n

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These offenses are found in Chapter IV, Title XVII, Articles 379 to 385 ter.<\/p>\n

Its next types are:<\/p>\n<\/div><\/div>\n\n

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Su t\u00edtulo va aqu\u00ed<\/h5><\/div>\n\n
Article 379.1 PC: Punishable speeding.<\/h5>
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  1. Whoever drives a motor vehicle or a moped at a speed of sixty kilometers per hour in urban roads or eighty kilometers per hour in interurban roads in excess of that allowed by law, 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 thirty-one to ninety days, and, in any case, with the deprivation of the right to drive motor vehicles and mopeds for a term of more than one and up to four years.<\/li>\n<\/ol>\n<\/div><\/div>\n\n
    Article 379.2 PC: Driving under the influence of alcohol or drugs.<\/h5>
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    1. The same penalties shall apply to anyone who drives a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages. In any case, the person who drives with a rate of alcohol in exhaled air higher than 0.60 milligrams per liter or with a rate of alcohol in blood higher than 1.2 grams per liter shall be sentenced to the same penalties.<\/li>\n<\/ol>\n<\/div><\/div>\n\n
      Article 380 PC: Gross reckless driving.<\/h5>
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      1. Whoever drives a motor vehicle or a moped with manifest recklessness and endangers the life or integrity of persons shall be punished with imprisonment from six months to two years and deprivation of the right to drive motor vehicles and mopeds for a term of more than one and up to six years.\n

        For the purposes of this provision, driving in which the circumstances set forth in the first paragraph and in the second clause of the second paragraph of the preceding Article are present shall be deemed to be manifestly reckless.<\/p>\n<\/li>\n<\/ol>\n<\/div><\/div>\n\n

        Article 381 PC: Driving with manifest disregard for the lives of others.<\/h5>
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        1. Whoever, with manifest disregard for the lives of others, engages in the conduct described in the preceding article, shall be punished with imprisonment of two to five years, a fine of twelve to twenty-four months and deprivation of the right to drive motor vehicles and mopeds for a period of six to ten years.\n

          When the life or integrity of persons has not been specifically endangered, the penalties shall be imprisonment of one to two years, a fine of six to twelve months and deprivation of the right to drive motor vehicles and mopeds for the time provided for in the preceding paragraph.<\/p>\n<\/li>\n<\/ol>\n<\/div><\/div>\n\n

          Article 382. Bis: Abandonment of the place of the accident.<\/h5>

          The driver of a motor vehicle or moped who, outside the cases contemplated in Article 195, voluntarily and without risk to himself or others, leaves the scene of the accident after causing an accident in which one or more persons are killed or in which any of the injuries referred to in Articles 147.1, 149 and 150 are caused, shall be punished as the perpetrator of the crime of leaving the scene of the accident.The facts contemplated in this article that have their origin in a reckless action of the driver shall be punished with imprisonment from six months to four years and deprivation of the right to drive motor vehicles and mopeds from one to four years.<\/p>\n

          If the origin of the facts giving rise to the abandonment was fortuitous, he shall be sentenced to three to six months' imprisonment and deprivation of the right to drive motor vehicles and mopeds for six months to two years.<\/p>\n<\/div><\/div>\n\n

          Article 383 PC: Refusal to take breathalyzer tests.<\/h5>

          The driver who, when requested by an officer of the authority, refuses to submit to the legally established tests for the verification of the rates of alcohol and the presence of toxic drugs, narcotics and psychotropic substances referred to in the preceding articles, shall be punished with imprisonment of six months to one year and deprivation of the right to drive motor vehicles and mopeds for a period exceeding one and up to four years.<\/p>\n<\/div><\/div>\n\n

          Article 384 PC: Driving without a valid license.<\/h5>

          Whoever drives a motor vehicle or moped in cases of loss of validity of the permit or license due to total loss of the legally assigned points, shall be punished with a prison sentence 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.<\/p>\n

          The same penalty shall be imposed on anyone who drives a motor vehicle or moped after having been temporarily or definitively deprived of a driving license or permit by a court decision, and on anyone who drives a motor vehicle or moped without ever having obtained a driving license or permit.<\/p>\n<\/div><\/div>\n\n

          Article 385 PC: Use of obstacles and substances that endanger traffic.<\/h5>

          Whoever causes a serious risk to traffic in any of the following ways shall be punished with imprisonment from six months to two years or with a fine from twelve to twenty-four months and community service from ten to forty days:<\/p>\n