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Drink Driving Offences in Spain

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Michael Mansfield (Dec 03, 2020)
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Service Details

Drink Driving Offences

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.


1Who is this service for?

Driving while under the influence of alcohol or drugs normally will constitute an administrative infraction, though in certain cases may result in criminal charges.

The penalties range from fines to confiscation of your driving license to a prison term or community service.

2Types of Offence

Administrative Offence

If the results obtained from the breathalyser test exceed 0.25 milligrams per litre (0.15 for professional drivers and drivers with less than two year's driving experience), the driver will receive a €500 fine.

Should the test register an amount above 0.5 milligrams (0.3 for professionals and inexperienced drivers) or if the driver has been fined for the same reason in the previous 12 months, the fine doubles to €1,000. The driver will also lose their driving license for a specified period of time.

Criminal Offence

Criminal charges for driving while under the influence of alcohol in Spain will be pressed against any driver with a blood-alcohol level in excess of 0.60 milligrams per litre, as measured in a breathalyser test. A criminal offence may also be committed if the driver’s faculties are clearly affected by the ingestion of alcohol or drugs affecting the driver's ability to drive - even where the measured rate is below 0.60 milligrams per litre, or indeed if the driver refuses to take a breathalyser test.


The penalties will depend upon the circumstances of the case, if anyone was injured or killed, if damage was done to property, if it is not a first offence etc

There will certainly be a fine and removal of your driving license as well, potentially, as a community service order or a prison term. You will also have a criminal record.

Important Advice!

Do not refuse to take a breathalyser test. To do so is an independent criminal offence, for which you will be charged, in addition to the prior offence of driving while under the influence of alcohol or drugs.

3What does this service consist of?

  • Discussion with an experienced English-speaking criminal lawyer to determine the nature of the charges
  • Preparation of the defence strategy
  • Negotiation with the public prosecutor
  • Representation in court proceedings

4Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Support services

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