Quick answer. Driving with more than 0.60 mg of alcohol per litre of exhaled air, or 1.2 g per litre of blood, or under the influence of alcohol or drugs at any level, is a criminal offence under Article 379.2 of the Spanish Criminal Code: imprisonment of three to six months, or a fine of six to twelve months, or community service of 31 to 90 days, and in all cases a driving ban of one to four years. Refusing the test is a separate offence (Article 383). Most cases are tried within days in a fast-track trial, where an agreed sentence reduces the penalty by one third.
Last updated:
Administrative fine or criminal offence
Below the criminal threshold, exceeding the general limit of 0.25 mg per litre of exhaled air (0.15 mg for novice and professional drivers) is an administrative infringement punished with a fine and the loss of points on Spanish licences. A reform lowering the limits is being processed in Parliament, so the applicable thresholds must be checked at the date of the events. Above 0.60 mg, or when the driver is shown to be under the influence regardless of the reading, the case is criminal and is sent to court.
Penalties and refusal to take the test
The offence of Article 379.2 carries imprisonment of three to six months, a fine of six to twelve months or community service of 31 to 90 days, together with a ban on driving motor vehicles of one to four years. Refusing to undergo the legally established tests is punished under Article 383 with imprisonment of six months to one year and a driving ban of one to four years, and is often prosecuted in addition to the drink-driving offence. When a fine is imposed, the court may allow payment in instalments within a period of up to two years for justified reasons.
The fast-track trial and the agreed sentence
Drink-driving cases are normally processed as fast-track trials: the police summon the driver to the duty court within a few days, sometimes on the same day. At that hearing the prosecutor usually offers an agreed sentence; accepting it at the duty court reduces the penalty by one third. It is still a criminal conviction, with a criminal record and a driving ban, so the evidence should be reviewed before accepting: the verification certificate of the breathalyser, the interval and difference between the two readings, the right to a blood test as a counter-check, and the symptoms recorded in the police report.
The driving ban for foreign licence holders
The ban imposed by a Spanish court prohibits driving in Spain for the period set in the judgment, and the court may order the provisional withdrawal of the right to drive during the proceedings. Whether the licensing authority of your home country also applies the ban depends on its own rules and on the international instruments in force, so it is advisable to obtain advice before driving at home. Driving in Spain while banned is a separate offence.
Which court hears the case
The case is heard by the duty court of the Investigation Section and, at trial, by the Criminal Section of the Tribunal de Instancia where the events took place: Alicante, Benidorm, Torrevieja, Elche or Dénia, among others in the province of Alicante. If you have to return home, your lawyer can attend on your behalf in the procedural steps that do not require your personal presence.
Frequently asked questions
Can I leave Spain before the trial?
Usually yes, unless the court imposes a ban on leaving the country. You must give an address for service and attend when summoned; your lawyer will advise whether the case can be resolved at the duty court before you travel.
Will I keep my licence until the trial?
The court may order the provisional withdrawal of the right to drive in Spain during the proceedings. The final ban is set in the judgment and runs for one to four years.
Is a fine for drink-driving a criminal record?
If the conviction is for the criminal offence of Article 379, yes: it is entered in the Central Register of Convicted Persons, even when the penalty imposed is a fine or community service.
Can the test be challenged?
Yes. The defence can review the calibration and verification of the device, the interval between the two tests, whether a blood test was offered and the consistency of the police report.
Related guides
- Drink-driving offence in Spain
- Drink and drug driving as a crime in Spain
- Drink-driving lawyer in Alicante
- Fast-track trials and plea agreements in Spain
- Traffic offences and driving bans in Spain
Do you need a criminal defence lawyer on the Costa Blanca now? Société Juridique assists detained persons and victims 24 hours a day, in English, from its offices in Alicante, El Campello and Madrid.
This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
