Road traffic offencesEnglish-speaking drink driving lawyer in Spain

It is a crime, not a traffic ticket

Spanish law treats driving above 0.60 mg/l of breath alcohol (roughly 1.2 g/l in blood) as a criminal offence. So is refusing to take the test, which is prosecuted separately and frequently carries a harsher sentence than the drink driving charge itself.

Penalties range from fines and community service to a driving ban, and prison is possible for repeat offences. For a British or Irish resident, a Spanish conviction also affects your licence at home.

What we examine

• The breathalyser itself: type approval, periodic calibration, and the interval between the two readings.
• Your rights on the roadside, in particular whether you were properly offered a blood test.
• Proof that you were actually driving, which is not always as clear as the police report suggests.

A defect in any of these can remove the prosecution’s main evidence. Where the evidence holds, the goal becomes the best available outcome, including a negotiated plea (conformidad) that avoids a custodial sentence.

Fast-track hearings

These cases often go to a juicio rápido within days of the arrest. Do not attend without advice: what you agree to at that hearing is very hard to undo. See also English-speaking criminal lawyer in Alicante.

The limits and the penalties, in plain terms

Spanish criminal law kicks in above 0.60 mg/l of breath alcohol, roughly 1.2 g/l in blood. Below that figure the matter is administrative, a fine and licence points, unless your driving was objectively impaired, which the police assess at the roadside and which can be disputed.

Above it, you are facing a criminal offence punishable with three to six months in prison, or a fine, or community service, and in every case a driving ban of one to four years. Refusing to take the test is a separate and heavier offence, carrying six months to one year in prison. Refusing to blow is, in almost every case, the worst decision available to you.

The fast-track hearing: where cases are lost

These matters are dealt with in a juicio rápido, often within days of the arrest. You will be offered a guilty plea (conformidad) with a one-third reduction in sentence, and there is real pressure to accept it on the spot, sometimes with a duty lawyer you met minutes earlier.

Accepting can be the right call. But only after checking whether the evidence stands up. Was the breathalyser type-approved and within its calibration period? Was the required interval between the two readings respected? Were you offered a blood test as a counter-analysis? Were you actually driving, or merely sitting in a stationary vehicle? Any one of these can remove the prosecution’s case. Once you have signed the conformidad, none of it can be raised again.

What it means for a foreign driver

A Spanish conviction does not automatically remove points from a licence issued elsewhere, but the driving ban applies in Spain and creates a criminal record that counts as a prior conviction if it happens again. For residents, the practical consequence is losing the right to drive for a year or more.

Where a custodial sentence is imposed, it can often be substituted with a fine or community service. Getting that substitution is a matter of preparation, not luck.

See also: English-speaking criminal defence in Alicante and our fees.