Offence
Drink driving in Spain
In Spain driving under the influence can be a crime, not just a traffic fine. Visitors in hire cars are often surprised to find themselves at a police station and, days later, in a fast-track trial. Here is what the law says and where a defence usually lies.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
0.60 mg/l
Breath alcohol level above which it is always a criminal offence (art. 379.2 Penal Code), roughly 1.2 g/l in blood.
0.25 to 0.60
Between these levels it is a criminal offence only if the police can prove the alcohol affected your driving; otherwise it is an administrative fine.
1 to 4 years
Driving ban that comes with any conviction, together with a fine, community work or prison of three to six months.
Breath test levels and what they mean
- 0.25
From 0.25 mg/l: administrative fine and points, if nothing else is proved.
- 0.25–0.60
Criminal offence only if the police prove the alcohol affected your driving.
- 0.60
Above 0.60 mg/l: always a criminal offence (art. 379.2 Penal Code).
- Refusal
Refusing the test is a separate and more serious offence (art. 383).
The two breath tests
The police must perform two tests on an evidential breathalyser, with at least ten minutes between them, and offer you the chance to confirm the result with a blood test. The printouts of both tests, the calibration of the device and the time between them are the first things I check. Procedural errors are common and can decide the case.
Refusing the test
Refusing to take the breath test is a separate and more serious offence (art. 383 Penal Code), punished with six months to one year in prison plus a driving ban. It is almost never a good idea to refuse. If you did, tell your lawyer exactly what happened and what you were told, because the way the request was made matters.
What usually happens next
Most cases go through the fast-track trial within days. At the duty court you will be offered a plea agreement with a one-third reduction. For a first offence with no accident that often means a fine and a driving ban without prison, but accepting means a conviction and a criminal record in Spain. Whether to accept or to fight the case depends on the evidence, and that is a decision to take with the file in hand.
Your foreign licence
A Spanish court cannot cancel a licence issued abroad, but the ban on driving applies to Spanish territory for its full length, and the conviction may be communicated to your home country depending on agreements between states. Driving in Spain during the ban is a further offence.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
I was in a hire car. Does that change anything?
Not for the offence itself. The rental company may keep your deposit or charge you under the contract, and the car may have been immobilised. The criminal case follows the same path.
I have already left Spain. Can they try me anyway?
In the fast-track procedure a trial can go ahead without you when the sentence requested does not exceed two years, if you were properly summoned. A lawyer representing you in Spain can defend the case and keep you informed.
Can I avoid the criminal record?
A conviction creates a record in Spain that can later be cancelled once the time limits have run. Whether an acquittal is realistic depends on the evidence in your case; I will tell you frankly after reading the file.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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