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Road Safety

Road Safety Offenses

Driving after drinking, testing positive in a control, refusing a breathalyzer test, or driving at excessive speed can be an offense, not just a simple fine. For foreign drivers in Spain, the consequences also extend to their license and their country of origin.

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When is drunk driving an offense and not a fine?

The Penal Code punishes driving with an alcohol level exceeding the established limit (Art. 379), reckless driving (Art. 380), and, as a standalone offense, refusing to undergo alcohol or drug tests (Art. 383). Refusal to take the test is an offense in itself, regardless of whether one has consumed alcohol or not, and usually entails a prison sentence or community service and the deprivation of the driving license. The boundary between an administrative traffic sanction and a criminal offense is technical, and a good part of the defense relies on this distinction.

How We Defend

We review the legality of the control and the test: the chain of custody for the breathalyzer, its approval and calibration, the margin of error, the proper notification of rights to the driver, and the procedure followed in the alleged refusal. A defect in any of these points can lead to acquittal or to reclassifying the offense as an administrative infraction.

Common Mistakes to Avoid

  • Believing that refusing to blow avoids conviction: refusal is a standalone offense (Art. 383).
  • Accepting the breathalyzer result without checking its approval, calibration, and margin of error.
  • Admitting the facts in the police report without legal advice.
  • Ignoring the effect on your driving license and the validity of your license in your home country.

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Index

Frequently asked questions

What is asked first.

Is refusing a breathalyzer test an offense?

Yes. Refusing to undergo testing is a standalone offense (Art. 383), regardless of whether you had been drinking.

When is drunk driving an offense and when is it a fine?

Above the criminal threshold of Art. 379, it is an offense; below, it is an administrative infraction. The difference is technical and should be reviewed.

I am a foreigner, does it affect my driving license?

It may affect the deprivation of your license in Spain and its recognition in your country. We will assess your specific case.

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