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Article 379 Spanish Criminal Code: Driving under the influence of alcohol or drugs
Quick answerArticle 379 of the Spanish Criminal Code punishes with three to six months of imprisonment, a fine of six to twelve months or community service, and in every case with disqualification from driving for more than one year and up to four, driving at more than sixty kilometres per hour above the urban limit or eighty above the inter-urban limit, and driving under the influence of drugs or alcohol, which is conclusively established at a breath-alcohol level above 0.60 milligrams per litre.
Article 379 of the Spanish Criminal Code makes it a criminal offence, and not a mere administrative infringement, to drive with a blood alcohol concentration above 1.2 grams per litre, or the corresponding 0.60 milligrams per litre of breath. Below that threshold the conduct may still be criminal if actual impairment is proved. This is by far the most common criminal charge faced by foreign residents and visitors in the province of Alicante.
Also cited as: article 379 Spanish Criminal Code · art. 379 CP · Spanish Penal Code article 379 · artículo 379 del Código Penal.
Wording of Article 379 of the Spanish Criminal Code
1. Any person who drives a motor vehicle or moped at a speed exceeding the legal limit by sixty kilometres per hour in urban areas or by eighty kilometres per hour on interurban roads shall be punished by a term of imprisonment of three to six months, or a fine of six to twelve months, or community service of thirty-one to ninety days, and in any event by disqualification from driving motor vehicles and mopeds for a period exceeding one year and up to four years.
2. The same penalties shall be imposed on any person who drives a motor vehicle or moped while under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages. In any event, a person driving with a blood alcohol concentration exceeding 1.2 grams per litre, or a breath alcohol concentration exceeding 0.60 milligrams per litre, shall be punished under this provision.
Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.
Sentencing range. Imprisonment of three to six months, or a fine of six to twelve months, or community service of thirty-one to ninety days. In every case, disqualification from driving for more than one year and up to four years. The three principal penalties are alternatives: the court selects one of them.
Key facts
| Protected interest | Road safety as a collective interest and, indirectly, the life and physical integrity of road users. |
|---|---|
| Nature | Endangerment offence. The second limb of paragraph 2 is an abstract-endangerment offence with an objectified alcohol level. |
| Classification | Less serious offence. |
| Trial court | Criminal Court. These cases usually follow the fast-track route, frequently ending in a guilty plea before the duty court. |
| Procedure | Urgent proceedings and fast-track trial under Article 795 of the Criminal Procedure Act. |
| Limitation period | Five years, under Article 131 of the Criminal Code. |
| Ancillary penalty | Disqualification from driving for more than one year and up to four, which must be imposed. Its length determines whether the licence lapses. |
| Related provisions | Article 380 and Article 381, reckless driving; Article 383, refusal to take the tests; Article 384, driving without a licence. |
Elements of the offence
- Driving a motor vehicle or moped on a road open to general traffic.
- A blood alcohol concentration exceeding 1.2 grams per litre or a breath concentration exceeding 0.60 milligrams per litre, which triggers liability automatically.
- Below those figures, proof of actual impairment of driving ability.
- Intent, which is satisfied by knowingly driving after consuming alcohol.
- No requirement of any accident, danger or harm: the offence is one of abstract endangerment.
Defence strategy
Reliability of the breath-testing device. The evidential device must hold a current verification certificate and have undergone periodic metrological checks. Requesting the verification certificate and the calibration record is the first step. Where the certificate is missing or out of date, the reading loses evidential value and the prosecution is left without its principal evidence.
The mandatory second test and the waiting interval. The regulations require two breath samples separated by at least ten minutes, and the officer must offer a contrasting blood analysis. Where the interval was shorter, where the second test was not carried out, or where the offer of a blood test was not recorded, the procedure is defective and the result is open to challenge.
Information given in a language the driver understands. This is the point of greatest practical importance for foreign nationals. A driver who does not speak Spanish must be informed of the right to a second test and to a blood analysis in a language he understands, and is entitled to an interpreter. Where the record does not evidence that this occurred, the safeguards were not observed and the defence has a solid ground of challenge.
Proof that the accused was driving. Identification must be direct. Attribution based on registered ownership of the vehicle, on the position in which the vehicle was found, or on indirect testimony is insufficient where other occupants were present.
Choosing the least damaging penalty. Because the three principal penalties are alternatives, the objective is normally a fine or community service rather than imprisonment. Evidence of employment, family circumstances and financial means directs the negotiation, and matters greatly where the client resides abroad and cannot readily perform community service in Spain.
Consequences for residence and for the driving licence. A conviction is entered on the Spanish criminal record and may affect residence applications and the recognition of the licence in the country of origin. Where the client holds a licence issued by another Member State, the disqualification is communicated through the relevant channels. These consequences must be explained before any guilty plea is entered.
Case law
Supreme Court judgment 789/2023 of 25 October, Second Chamber, appeal 7038/2021, Magro Servet. Holds that the second limb of Article 379(2) creates an abstract-endangerment offence with an objectified alcohol level, requiring no proof that driving was actually impaired or that outward signs of intoxication were present.
Margin of error and rounding in the defendant’s favour. The same judgment lays down a rule of considerable practical weight: once the 7.5 per cent metrological margin of error is applied to the measured reading, where the result runs to three decimal places it must be rounded in the defendant’s favour. In the case examined, a reading of 0.65 milligrams per litre became 0.60125 and, rounded to 0.60, did not exceed the statutory threshold.
Two consequences follow. Where the reading sits just above 0.60, the defence must insist on the breathalyser’s margin of error and on proper metrological verification of the device. Where the reading falls below that threshold, a conviction is possible only under the first limb, which requires proof that driving was actually affected, through outward signs, erratic driving or other evidence.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
- Drink-driving defence in Spain
- Spanish Criminal Code by article
- Spanish Criminal Procedure Act by article
- Spanish-language entry
This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.
Last reviewed: 21 September 2026.
Frequently asked questions
What penalty does Article 379 of the Spanish Criminal Code carry?
Three to six months of imprisonment, a fine of six to twelve months or thirty-one to ninety days of community service, and in every case disqualification from driving for more than one year and up to four.
At what alcohol level does the offence arise?
A conviction follows in every case where the breath-alcohol level exceeds 0.60 milligrams per litre. Below that threshold a conviction is possible under the first limb, but the prosecution must then prove that driving was actually affected.
Must the breathalyser margin of error be applied?
Yes. Supreme Court judgment 789/2023 of 25 October applies the 7.5 per cent metrological margin and holds that where the result runs to three decimal places it must be rounded in the defendant’s favour. A reading of 0.65 thus became 0.60 and did not exceed the statutory threshold.
Must outward signs of intoxication be proved?
Not where the objectified level applies. That judgment holds the second limb of paragraph 2 to be an abstract-endangerment offence requiring no proof of actual impairment. Outward signs are decisive where the reading does not exceed the threshold.
Is the driving licence lost?
Disqualification from driving must be imposed for more than one year and up to four. Where it exceeds two years the licence lapses, so recovering it requires sitting the test again.
Is a guilty plea available in the fast-track trial?
Yes, and it is the most common route. A plea entered before the duty court allows the statutory one-third reduction of sentence, a decision that should be taken only after examining whether the breath test is valid.
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