Road Safety · Alicante · Madrid · Throughout Spain
We do not merely argue cases here: we control consequences.
Positive alcohol or drug test, refusal to take the test, reckless driving or driving without a licence. These cases are usually dealt with by fast-track trial and at great speed: a sound defence in the first 48 hours can avoid a criminal record, imprisonment and the loss of your licence.
In brief. Road Safety · Alicante · Madrid · Throughout Spain
Why it is different
Road safety offences share a single requirement: deciding well and very quickly. Most are tried by way of the fast-track procedure, where within a matter of days a choice must be made between a guilty plea —with a one-third reduction in sentence— and defending the case at trial. That decision turns on technical matters: the reliability and calibration of the breathalyser, the margins of error, the testing procedure, the symptoms recorded in the police report. Accepting a guilty plea without that analysis means giving up real defences. That is why we examine the complete police report before the first hearing: there are avoidable convictions that get signed off in haste.
What we defend
Defence across every offence under arts. 379 to 385 of the Spanish Criminal Code.
Driving with more than 0.60 mg/l in exhaled air (1.2 g/l in blood) or under the influence of toxic drugs.
Refusing to provide a breath sample or to undergo detection tests: a standalone offence more serious than a positive result itself.
Exceeding the permitted speed by 60 km/h (urban roads) or 80 km/h (interurban roads).
Driving with manifest recklessness and specific danger to the life or physical integrity of others.
Recklessness with manifest disregard for the lives of others: the most serious road safety offence.
Driving after losing the validity of a licence through the points system, after judicial disqualification, or without ever having obtained a licence.
Where injury or death is also caused: the most serious offence is punished in the upper half of its range, plus civil liability.
Death caused by gross or less serious negligence while driving: technical defence on the degree of negligence.
Injuries caused in a road traffic accident: the classification of the negligence determines whether the matter is criminal or civil.
Sentencing framework
Quick reference to the applicable sentencing framework. The actual sentence depends on the amount involved, the aggravating factors and the stage of proceedings.
| Offence | Provision | Sentencing range | Key aggravating factor |
|---|---|---|---|
| Drink-driving> 0.60 mg/l in air | 379.2 | 3 – 6 months or a fine | Disqualification from driving 1 – 4 years |
| Refusal to provide a breath sample | 383 | 6 months – 1 year | More serious than a positive result |
| Criminal speeding | 379.1 | 3 – 6 months or a fine | +60/+80 km/h over the limit |
| Reckless driving | 380 | 6 months – 2 years | Proven specific danger |
| Disregard for life | 381 | 2 – 5 years | Disqualification 6 – 10 years |
| Without a licence | 384 | 3 – 6 months | Loss of points · judicial disqualification |
| Death by careless driving | 142 | 1 – 4 years | Gross negligence in driving |
| Legal persons | 31 bis | Fine · suspension · dissolution | Absence of a compliance programme |
Indicative sentencing frameworks under the Spanish Criminal Code in force. They do not constitute legal advice; the legal classification and the sentence require an individual analysis of the proceedings.
What sets us apart
The evidence in these offences is technical and documentary: calibration and certificates for the breathalyser, margins of error, the police report, the symptoms recorded. Rigorous scrutiny of it opens up real defences. That is why we apply LIWARD —Legal Intelligence Warfare for Defense—, our own methodology, which brings legal intelligence, case-law analytics, financial and accounting analysis and e-forensics together into a single litigation strategy. It is what sets us apart from conventional criminal defence.
Mapping of the proceedings, case-law analysis and early detection of evidential weaknesses.
Reconstruction of financial flows and expert examination of the documentation that sustains —or dismantles— the prosecution case.
Chain of custody, admissibility of electronic evidence and traceability of crypto-assets with forensic rigour.
Precise decisions at every stage, from the first police interview to the appeal to the Supreme Court, grounded in risk analysis.
How we work
Immediate 24/7 assistance, preparation of the statement and control of precautionary measures from the very first step.
Examination of the case file, financial and digital expert analysis, and identification of the theory of the case.
Design of the defence or prosecution case, submission of evidence and marshalling of expert evidence.
Defence at trial and, where appropriate, appeals to the Provincial Court, the Supreme Court and the Constitutional Court.
Who we represent
Transport companies and fleet operators: defence of professional drivers, for whom their licence is their livelihood.
Professional drivers: a strategy geared to preserving the licence and avoiding a record that would affect their employment.
Those arrested or under investigation at roadside checks: immediate assistance, review of the police report and a technical decision on whether to plead guilty.
Victims of accidents caused by drunk or reckless drivers: private prosecution and full compensation.
Article 379 of the Criminal Code punishes driving with a breath-alcohol concentration above 0.60 milligrams per litre, or a blood-alcohol concentration above 1.2 grams per litre, as well as driving under the influence of drugs. Below those levels the matter is usually an administrative one, but the criminal threshold is reached more easily than many drivers expect.
A conviction under this article is a criminal record, not a mere traffic fine, which is why it deserves the same care as any other criminal proceeding.
Article 383 punishes as a separate offence the refusal to undergo alcohol or drug testing when lawfully required. The penalties can be heavier than those for the drink-driving offence itself, precisely to discourage refusal.
For this reason, the decision at the roadside has consequences that are frequently misunderstood, and we advise clearly on how the two offences interact.
The penalties include imprisonment, a fine or community service, together with disqualification from driving for a period of one to four years. For foreign nationals, a Spanish disqualification can affect the ability to drive in their own country.
Because the practical burden usually falls on the driving ban, the defence weighs every avenue that can reduce or avoid it, including a properly assessed negotiated agreement.
We examine the approval and calibration of the breath-testing device, compliance with the double-measurement procedure, the information given about the right to a blood test, and the chain of custody of any sample. Defects in the process can lead to acquittal or to a reduced penalty.
We act quickly, since these cases are frequently dealt with through fast-track proceedings in which early advice makes a real difference to the outcome.
Further reading
Frequently asked questions
Société de Conseil Juridique et Expert
An early conversation can change the course of the whole case. Let us talk before the proceedings decide for you.
If the events took place in the province of Alicante, see our dedicated page on criminal defence in Alicante, where we explain how these matters are handled before the local courts. Drivers stopped in the resort areas of the northern Costa Blanca can also read our page on criminal defence in Benidorm.
Most drink-driving cases are tried by way of a fast-track trial, where an irreversible guilty plea is offered in the corridor of the courthouse itself. It is worth knowing what you are signing before you sign it.
Alongside drink-driving, the two other most frequent traffic offences are driving without a licence and careless driving where there are injuries or fatalities.
Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
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