DUI & Road Traffic Offences in Spain

Reviewed by Javier Rincón Bernal, member of the Málaga Bar (ICAMálaga) since 1999. Last updated 17 October 2026.

Criminal Defence Spain

DUI & Road Traffic Offence Lawyers in Spain

Charged with drink driving, drug driving, or a serious road traffic offence in Spain? Call RINBER immediately: +34 627 467 042. Free initial consultation.

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:

• Breath alcohol exceeds 0.60 mg/l (or 1.2 g/l in blood). This criminal threshold is the same for all drivers, including novice and professional drivers
• Alcohol is shown to have impaired your driving, even below that level
• 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.

Frequently Asked Questions

What happens if I refuse the breathalyser test in Spain?

Refusing to take the test is itself a criminal offence under Article 383 of the Penal Code, punishable by 6 months to 1 year in prison and a 1–4 year driving ban — harsher than a standard drink-driving conviction, even if you had not been drinking. It should never be treated as a way to avoid a charge.

Will a drink driving conviction affect my driving licence from another country?

A Spanish conviction can result in the suspension of your right to drive in Spain and may be reported to your home country’s licensing authority, depending on bilateral agreements. It can also affect future Schengen visa or residency applications.

Can I be released the same day after a DUI arrest in Spain?

In most cases involving only a drink driving charge, yes — you are typically released after questioning and given a court date, rather than held in custody, unless aggravating factors (an accident, injuries, or a combination with other offences) are present.

Do I need a Spanish-speaking or English-speaking lawyer for a DUI case?

You need a lawyer who can communicate clearly with you about your rights and options while dealing fluently with Spanish police and courts. RINBER’s bilingual team handles both sides of that conversation.

I failed a roadside breathalyser in Spain — what are my rights?

You have the right to request a second breathalyser test and the right to a blood test to verify the result. You have the right to remain silent and the right to a lawyer. Do not sign any documents without legal advice. Call RINBER Abogados on +34 627 467 042 for immediate advice — our emergency line is available 24 hours a day.

Can a tourist or expat lose their driving licence in Spain?

Yes. Foreign licence holders convicted of road traffic offences in Spain can have their licence suspended or be disqualified from driving in Spain. EU licence-holders may face cross-border enforcement following a 2015 EU directive. Non-EU licence-holders can face immediate suspension in Spain. RINBER Abogados advise on all road traffic offences for non-Spanish residents and tourists.

What are the penalties for drink-driving in Spain?

Criminal drink-driving in Spain (above 0.6 g/L blood alcohol or 0.3 mg/L breath) under Article 379 carries 3–6 months imprisonment, or 31–90 days community service, plus a 1–4 year driving ban. Refusing a breathalyser test is a separate offence under Article 383 and carries up to 1 year imprisonment and a 1–4 year ban. Where a death or injury results, sentences increase significantly.

What is the drink-driving limit in Spain?

The blood alcohol limit in Spain is 0.5 g/L (0.25 mg/L in breathalyser tests) for general drivers. New drivers (licensed less than two years) and professional drivers face a lower limit of 0.3 g/L (0.15 mg/L). Exceeding 0.6 g/L blood alcohol constitutes a criminal offence under Article 379 of the Spanish Criminal Code, regardless of any accident.

Related Legal Guides

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

English-speaking defence from the first minute of arrest

Arrest does not wait. Do not make any statement to the police without your lawyer. Call us first.

01

Call us

Call +34 627 467 042. Available 24 hours, English-speaking. We answer immediately.

02

We arrive

We attend the police station or court of instruction before any statement is taken.

03

We defend

We activate the defence strategy from the first second of the detention.

Related guides: Drink Driving Charges in Spain