DUI & Drink Driving in Spain: Laws, Penalties and Defence

Spain has strict laws on drink driving and drug driving. Foreign nationals are frequently caught at police checkpoints and can face criminal charges, fines, driving licence suspension and even prison time. Understanding your rights — and the weaknesses in the prosecution’s evidence — is essential.

The Legal Alcohol Limits in Spain

• General drivers: 0.5 mg/ml in blood (0.25 mg/l in breath).
• New drivers (under 2 years licence) and professional drivers: 0.3 mg/ml in blood.
• Criminal threshold: 0.6 mg/ml in blood (0.60 mg/l in breath) — above this, it becomes a criminal offence under Art. 379 of the Penal Code.

Penalties for Drink Driving in Spain

• Between 0.25 and 0.60 mg/l (breath): administrative offence — fine of €500–1,000 and 4–6 driving licence points.
• Above 0.60 mg/l (criminal level): criminal offence — prison of 3–6 months (or fine/community service), driving ban of 1–4 years.
• Refusing a breathalyser test: criminal offence in itself — up to 6 months prison and 1–4 year ban.

Challenging the Evidence

There are several valid grounds for challenging a drink driving conviction in Spain:

• Breathalyser calibration — the device must have a valid calibration certificate. Expired or improper calibration can invalidate the result.
• Counter-sample right — you have the right to request a blood test as a counter-analysis. If police failed to inform you of this right, the breath test result may be inadmissible.
• Drinking after driving — if you consumed alcohol after parking and before the police checkpoint, the reading may not reflect your state when driving.
• Protocol errors — required waiting periods between tests, officer qualifications and procedural compliance must all be verified.

Contact RINBER

RINBER Abogados defends drink driving and road traffic cases across Spain. Call +34 627 467 042 for a free consultation — 24 hours.

Spain’s Drink Driving Laws: What the Limits Actually Mean

Spain uses breath alcohol concentration (BAC) limits, not just blood tests. The legal limits are:

• General drivers: 0.25 mg/l in breath (0.5 g/l in blood)
• New drivers (less than 2 years licence) and professional drivers: 0.15 mg/l in breath (0.3 g/l in blood)
• Criminal threshold: 0.60 mg/l in breath or 1.2 g/l in blood — above this, you face criminal charges under Article 379 of the Spanish Penal Code, not just a fine

The difference between an administrative sanction (fine + points) and a criminal conviction (prison record, driving ban up to 6 years) depends entirely on which side of the 0.60 mg/l line you were on — which is exactly why challenging the breathalyser reading is so important.

Criminal Penalties for Drink Driving in Spain (Art. 379 CP)

• BAC between 0.60–0.80 mg/l: prison sentence of 3 to 6 months (usually suspended for first offenders), or community service 31–90 days, plus driving ban of 1–4 years
• BAC above 0.80 mg/l or extreme recklessness: prison 3–6 months, driving ban 1–6 years
• If an accident occurred: additional charges under Art. 152 CP (negligent injury) or Art. 142 CP (negligent homicide) — penalties increase dramatically
• Refusal to blow: a separate offence under Art. 383 CP — prison 6 months to 1 year, ban 1–4 years. You cannot simply refuse the test

How RINBER Challenges Breathalyser Evidence

Many DUI convictions in Spain rest almost entirely on breathalyser readings. These can be challenged in several ways:

• Calibration records: breathalysers must be officially calibrated every 12 months. If the device used in your case was overdue for calibration, the reading is inadmissible.
• Waiting period not observed: Spanish procedure requires officers to wait 15 minutes between consumption of any substance and the first test. If this protocol was not followed, the result can be challenged.
• Second test discrepancy: two readings must be taken at least 10 minutes apart. If the readings differ by more than 0.01 mg/l, a blood test must be offered. Failure to offer this option is a procedural error.
• Blood test results: if a blood sample was taken, it must be analysed by an accredited laboratory using ISO 17025 methods. Chain of custody issues or improper storage can invalidate results.
• Medical conditions: certain medical conditions (diabetes, GERD, low-carbohydrate diets) can produce mouth alcohol that falsely elevates breathalyser readings.

What Happens After a DUI Arrest in Spain

If you are stopped and the officer believes you are over the limit, the sequence is:

• Roadside breath test — if over 0.25 mg/l, you are taken to the police station for official evidential tests on a calibrated Dräger or Alcotest device.
• Official test at station — two readings taken. You have the right to request a blood test if you dispute the result.
• If over 0.60 mg/l: you will be charged (denuncia) and must appear before a Juzgado de lo Penal. You may be released with a summons or, in serious cases, held overnight.
• Court appearance: in straightforward cases, a conformidad (plea deal) may be offered — accepting a reduced sentence in exchange for a guilty plea. This is not always the best option and should only be considered after legal advice.

Foreigners and Tourists: Specific Risks

For foreign nationals driving in Spain, a DUI conviction carries additional consequences beyond the Spanish penalties:

• Driving ban is enforceable in Spain only — but the conviction may be reported to your home country’s licensing authority under EU mutual recognition rules (for EU nationals).
• Criminal record — a Spanish criminal conviction appears on your Spanish criminal record (Registro Central de Penados). This can affect visa applications, work permits, and some professional licences.
• Rental car confiscation — if you were driving a hire car, the vehicle may be retained as evidence. RINBER can assist with its release.
• Immediate driving ban — courts can impose a provisional driving ban from the moment of charge, meaning you cannot legally drive in Spain while your case is pending.

Facing a drink driving charge in Spain? RINBER’s English-speaking criminal lawyers have defended hundreds of DUI cases across Spain — including breathalyser challenges, blood test disputes, and negotiated conformidades. We are available 24 hours. Call +34 627 467 043 for immediate advice.