Road Traffic Offences Under Spanish Criminal Law

Spain divides road traffic offences between administrative (infractions handled by the DGT) and criminal offences prosecuted in court. Criminal road traffic offences are found in Articles 379–385 bis of the Spanish Penal Code.

DUI — Drink and Drug Driving (Article 379 CP)

Driving under the influence is a criminal offence in Spain when:

• Blood alcohol concentration (BAC) exceeds 0.60 g/l in blood or 0.30 mg/l in breath for general drivers
• BAC exceeds 0.30 g/l in blood or 0.15 mg/l in breath for professional or novice drivers
• A driver refuses a breath test (Article 383 CP — obstruction)
• A driver is under the influence of drugs, narcotics, or psychotropic substances

Penalties for Article 379 CP include 3 to 6 months imprisonment (or community service), loss of driving licence for 1 to 4 years, and a fine.

Reckless Driving & Causing Death or Injury

• Conducción temeraria (reckless driving) — Article 380 CP: 6 months to 2 years
• Homicidio por imprudencia grave (causing death by gross negligence) — Article 142 CP: 1–4 years
• Lesiones por imprudencia (causing injury by negligence) — Article 152 CP: 3 months to 2 years

Our Defence Approach

We challenge breathalyser calibration records and testing procedures, the chain of custody of blood samples, proper administration of breath tests, the validity of the traffic stop, and police procedure at every stage. In cases involving accidents, we engage independent accident reconstruction experts to challenge the prosecution’s account.