Court Acquits Driver in Drunk Driving Case Due to Insufficient Evidence

Bilbao, Spain – A recent ruling by the Provincial Court of Vizcaya (AP Vizcaya, Sec. 2ª, 90181/2018, de 19 de junio) has resulted in the acquittal of a driver initially accused of drunk driving. The case, highlighted by a legal expert, underscores critical aspects of evidence required for conviction in such matters. According to the legal analysis, the driver was stopped by police following an anonymous tip alleging erratic driving. An initial orientative breathalyzer test yielded a positive result. However, a subsequent precision breathalyzer test, which is legally mandated for conclusive evidence, was never performed. Furthermore, police agents testified that while the driver presented symptoms compatible with alcohol consumption, such as red eyes or nervousness, they did not observe any anomalous or dangerous driving behavior during the 200 meters they followed the vehicle. The court emphasized that anonymous testimony alone cannot serve as direct proof, especially when contradicted by the officers' own observations regarding the lack of irregular driving. The Provincial Court concluded that without a conclusive precision breathalyzer test and direct evidence of altered driving, a conviction could not be sustained. This ruling reinforces the legal requirement for robust and direct evidence in criminal proceedings, particularly concerning driving offenses.