The figure that turns a traffic fine into a criminal offence in Spain is 0.60 milligrams of alcohol per litre of exhaled air, or 1.2 grams per litre if a blood test is taken. Above it, article 379 of the Spanish Criminal Code punishes the driving in every case, even if you were driving perfectly and nobody noticed anything, and below it there is only an offence if the prosecution proves that alcohol was affecting your driving. On one side of the line there is a fine of 500 or 1,000 euros and the loss of four or six licence points. On the other there is a fast-track trial, a criminal record and a driving ban of more than one year and up to four, which always comes on top of the main penalty, whether that is a fine, community service or prison.
I am Luis Jurado Cano, a criminal lawyer registered with the A Coruña Bar Association under number 6317, and at Perseus & RC Abogados I defend drivers from the checkpoint summons until they get their licence back. General criminal matters are on the criminal law page.
Between 0.25 and 0.60
The general administrative limit is 0.25 milligrams per litre of air, lowered to 0.15 in the first two years after passing your test and for drivers of lorries, buses, taxis, school transport and dangerous goods. Exceeding it without reaching 0.60 is a very serious traffic infringement with a 500 euro fine, rising to 1,000 if you are at double the limit or were fined for alcohol the previous year, plus four points, or six above 0.50. The car is immobilised until someone fit to drive can collect it. The same reading can still end up in court if the officers describe clear symptoms or there was a dangerous manoeuvre or an accident, and in that case the prosecution must prove that alcohol actually affected your driving.
Near either line, the details of the checkpoint matter. You are entitled to a second test at least ten minutes after the first, to have that interval checked by you or a companion, to have your comments recorded and to a blood test at a medical centre, which you only pay for if it confirms the positive. The breathalyser must be approved and have its periodic verification in date.
Your licence
During the proceedings the judge can suspend your licence as a precaution, and that time is deducted from the ban in the judgment. A ban of more than two years cancels the licence, and after serving it you must obtain a new one of the same class through a road safety re-education course and the relevant tests, starting with eight points. With two years or less, the course is enough. Driving while banned is a separate offence. If a prison sentence is suspended, the judge can, where needed to prevent reoffending, require you to drive only vehicles fitted with an alcohol interlock.
Fast-track trial and plea deal
Drink-driving almost always goes to a fast-track trial. The police summon you to the duty court on a set day and tell you that you can attend with a lawyer. If you do not ask for one, a duty lawyer is appointed, who usually sees the police report that same morning. If your Spanish is not fluent, ask for an interpreter, which is free.
At the duty court the prosecutor presents the charge and you can accept it. A plea deal reduces what the prosecutor asks for by a third, including the driving ban, even below the legal minimum, so eighteen months becomes twelve. In exchange, the judgment is final that day, you get a criminal record and the ban starts running. It is not advisable to accept without checking the report first if your reading is just above 0.60 and the device’s margin of error could take it below, if the charge relies on symptoms without a criminal-level reading, or if the second test or the ten-minute interval is missing. Penalties are covered in more detail in drink-driving in Spain, and clearing the record later in how to expunge a criminal record in Spain.
Where we are
Rúa Torreiro 13, 3.º C, 15001 A Coruña, Spain. Phone +34 677 841 007. Bring the summons, the police report and the breathalyser printouts if you were given them. If you live elsewhere, we start by phone or video call, in English.
Frequently asked questions
I blew 0.58 and I have still been summoned to court. How can that be a crime?
Below 0.60 it is still an offence if the prosecution proves that alcohol was affecting your driving, through the symptoms the officers recorded, a dangerous manoeuvre or an accident. It is the most arguable form of the charge, because the reading alone is not enough. Bring the full police report and we will review it before the hearing.
Can I ask for a blood test if I do not trust the breathalyser?
Yes. You are entitled to a second breath test at least ten minutes after the first and to check the result with a blood or urine test at a medical centre. You leave a deposit for the cost and only pay if the test confirms the positive. You must ask for it at the checkpoint itself.
I was stopped at a checkpoint in Arteixo. Which court will hear my case?
The duty court for the place where you were stopped. Arteixo, like Oleiros, Culleredo, Cambre, Carral and Cerceda, belongs to the A Coruña judicial district, so the fast-track trial takes place at the courts in the city. If you were stopped in another district, the case is heard there, and we can take it on as well.
What if I refused to take the test?
Refusing is a separate offence punishable by six months to a year in prison and a driving ban of more than one year and up to four, with no fine as an alternative. If the officers recorded symptoms, you can be charged with drink-driving as well.