FAST-TRACK TRIALSDrink driving in Spain: the criminal offence explained

What is at stake

• 3 to 6 months prison, a fine or community service (Article 379.2 Criminal Code)
• Loss of your driving licence for 1 to 4 years
• A criminal record affecting visas, jobs and licences
• Refusing the test is a separate, more serious offence (6 months to 1 year)
• Insurance consequences if there was an accident

What we do

• Review of the breathalyser: approval, calibration, second reading and margin of error
• Legality of the stop and of the symptoms recorded in the police report
• Plea negotiation: one-third reduction and the minimum licence ban
• Full defence at trial where the evidence is challengeable
• Representation without you having to travel back to Spain, wherever possible

Article 379.2 Criminal Code · Driving under the influence

It is a criminal offence to drive with a blood alcohol level above 0.60 mg/l in breath (1.2 g/l in blood), or under the influence of drugs or alcohol. The penalty is 3 to 6 months in prison, a fine of 6 to 12 months or community service, plus disqualification from driving for 1 to 4 years. Below that level, driving under the influence must be proved by signs of impairment.

Article 383 Criminal Code · Refusing the test

Refusing to take the breath or blood test is an autonomous offence punished with 6 months to 1 year in prison, which is more serious than the positive reading itself. You are entitled to a second reading and to a blood test; you are not entitled to refuse everything.

Articles 380 and 381 · Reckless driving

Driving with manifest recklessness endangering life carries heavier penalties, up to 6 years where there is conscious disregard for the lives of others. Excessive speed combined with alcohol is the typical scenario.

Article 801 LECrim · The one-third reduction

In fast-track proceedings, pleading guilty before the duty court with a sentence of up to 3 years attracts an automatic one-third reduction, and the sentence may fall below the statutory minimum. Combined with a suspended sentence, this is what usually prevents any prison time.

Article 384 Criminal Code · Driving without a licence

Driving after losing all your points, after a court ban or without ever having held a licence is a separate offence punished with 3 to 6 months in prison, a fine or community service. Foreign drivers with an unrecognised licence should take advice before driving at all.

The evidence: how the breathalyser is challenged

The device must be officially approved and calibrated, two readings taken at the required interval, and the applicable margin of error deducted. Failures in the chain of evidence, in the calibration certificate or in the recorded procedure regularly lead to acquittals or to a substantially reduced sentence.