Why foreigners get caught out
Many foreign drivers accept a plea deal at the duty court without knowing that the driving ban may also be notified to authorities in their country, or that the conviction creates a criminal record. Others refuse the second test out of nerves, turning an administrative fine into a crime with prison. Get advice before any decision.
When drink driving is a crime
Over 0.60 mg/l
Driving with more than 0.60 milligrams of alcohol per litre of exhaled air, or more than 1.2 grams per litre of blood, is a crime in all cases, even if the driver shows no symptoms.
Driving under the influence
Driving under the influence of alcohol or drugs is also a crime with a lower reading, if there is evidence that it affected the ability to drive: erratic driving, an accident or clear symptoms recorded by the police.
Penalties (art. 379.2)
Prison 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 ban on driving for more than one and up to four years.
Administrative offences
Between 0.25 and 0.50 mg/l the fine is 500 euros, and above 0.50 mg/l it is 1,000 euros, with loss of points on Spanish licences. Repeat offences within a year and new or professional drivers have stricter limits and higher fines.
Refusing the breath test
A driver who refuses the legally required tests commits a crime under article 383: prison of six months to one year and a driving ban of more than one and up to four years. Refusing the second test after a positive first one is also a crime. If you cannot blow for medical reasons, say so and ask for a blood test.
Foreign licences
A Spanish court ban prohibits driving in Spain for its duration. Within the EU, driving disqualifications can be notified to the country that issued the licence. Driving in Spain during a ban is a further crime.
How drink-driving cases are defended
- Checking the calibration of the breathalyser and the margin of error.
- Checking that two tests were done with the required interval and that the driver was informed of the right to a blood test.
- Challenging "under the influence" when the evidence is only a low reading.
- Negotiating a fine or community service instead of prison, and the shortest ban.
Our Spanish-language site explains each step in detail: drink-driving lawyer in Mallorca.
A practical example
A Norwegian resident of Pollença gave a reading of 0.63 mg/l at a checkpoint. Applying the breathalyser's legal margin of error, the corrected reading fell below 0.60, and there were no symptoms of impairment in the report. The prosecutor withdrew the criminal charge and the matter ended as an administrative fine. More information on the firm's main website: drink-driving offences (in Spanish).
Before you sign or say anything, call a lawyer
In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.
Questions about drink driving in Spain
What is the drink-driving limit in Spain?
0.25 mg/l in breath or 0.5 g/l in blood for most drivers, and 0.15 mg/l in breath for new and professional drivers.
When does drink driving become a crime?
Above 0.60 mg/l in breath, or at any level if the alcohol affected your driving.
Does a Spanish driving ban affect my UK or EU licence?
It prohibits you from driving in Spain. Within the EU, it can be notified to the country that issued your licence.
Is refusing the breath test better?
No. Refusing is a separate crime with prison of six months to a year and a driving ban.