Getting caught drink-driving in Spain isn't just about paying a fine - it could land you in serious trouble. Here's what happens when those blue lights flash behind you.
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1. The DGT: Spain's Traffic Watchdog
The Directorate-General for Traffic (DGT) isn't messing around with drink-driving. They've put Spain right up there with France and Italy as one of the toughest in Europe.
And here's a scary stat - alcohol is involved in one in four fatal crashes. That puts Spain's approach to drink-driving enforcement alongside other strict European countries like France, Greece and Italy, all of which have comprehensive testing programs and severe penalties for offenders.
That's why you'll see those Traffic Checkpoints popping up everywhere, especially on weekend nights. The Zero Tolerance policy for professional and novice drivers reflects a growing trend across European countries. Italy's success with this approach has seen a significant reduction in alcohol-related accidents and is a model for other countries to follow. When driving from UK to Spain, tourists should be aware that the spain alcohol limit is stricter than what they might be accustomed to in the UK.
Driving under the influence of alcohol - or drugs - is serious business and could be a criminal offence in some cases. Under Spanish drink-driving laws, criminal proceedings can follow in two cases, according to the Spanish Criminal Code:
- In all cases where the breathalyser test exceeds 0.60 milligrams per litre;
- Secondly, when - even if the test is below 0.60 milligrams per litre (or in cases where no test can be done), the driver's faculties are clearly affected by the consumption of alcohol or drugs and it affects the driver's ability to drive.
So much depends on the breathalyser test so let's break it down:
When the rate is above 0.5 milligrams (0.3 for professionals and inexperienced drivers) and also when the driver has been fined for the same reason in the previous 12 months, the fine will be double (1,000 euros). You can also read about the breathalyser results accuracy.
The above fines will be imposed, initially, by the traffic authorities under administrative proceedings and do not involve any Court proceedings or criminal records for the driver.
But driving under the influence of alcohol will be a criminal offence in two specific cases, according to section 379.2 of the Spanish Criminal Code:
- In every case, when the test rate exceeds 0.60 milligrams per litre; and
- Even if the test rate is below that limit (or in those cases when no test is made), the driver's faculties are clearly affected by the ingestion of alcohol or drugs and it affects their ability to drive.
In the second case, it is necessary that the officers making the test can prove those circumstances before the Court – it should be mentioned that the Courts, not the traffic authorities, will deal with these criminal cases. Just as with spain speeding fines, these penalties are meant to deter dangerous driving behaviors and improve road safety.
Criminal proceedings will carry (where the driver is found guilty by the Court after the legal proceedings) in every case the deprivation of the right to drive vehicles for a period of between one and four years; and besides that the driver will receive one of the following three punishments: a prison sentence (for the most serious cases; between three and six months); a community services order (between 31 and 90 days); or a fine (normally between 1,000 and 3,000 euros but this amount could vary depending on the driver's financial situation).
2. Different Types of Breathalyser
Spain's breathalyser technology and testing protocols are in line with those used across European Countries. The equipment is calibrated and certified regularly, following the same protocols as France and Italy. This standardization ensures that results are recognized and enforceable throughout the European Union.
There are two types of breathalyser used by the police in Spain - one is a mobile design, used by the Police when out on patrol. It is more basic and less precise than the larger one used in Police Stations. This latter one is the definitive breathalyser, and it is the results of this machine that will determine what action, if any, will be taken against a driver. So, in order to have a conviction for drink-driving in Spain, this latter test must be done.
At this point it is worth mentioning that the driver must submit to this test as a refusal will be considered a crime of disobedience.
3. Margin of Error
To the result of a breathalyser test we must apply a margin of error which will therefore reduce the result - this can be calculated by doing a simple arithmetic operation.
If after applying the margins of error the first test gives a rate above 0.65 mg Alcohol/litre breath but the second measurement result is lower, the police will prepare and submit a report to the judicial authorities that a crime has been committed because the driver, when tested, was driving, according to the primary test, with a rate higher than the rate provided for in Article 379.2 which will result in a fine only.
If after applying the above margins of error to the first test the result is a reading of less than 0.65 mg of ethanol per litre of exhaled air and that reading is higher than the second reading, only an administrative complaint will be made for such a breach.
In the interests of the accused and to guarantee the exclusion of any incorrect results the legal limit has to be exceeded by both results because otherwise a person could be condemned, although they had not in fact exceeded the legal maximum.
These margin of error calculations are in line with European standards, with similar protocols being followed in Portugal, Greece and other EU member states. The DGT updates these margins regularly based on the latest technological capabilities and European standards for Road Safety enforcement.
4. Refusing a breathalyser test
It is worth noting that according to article 383 of the Criminal Code if the driver refuses to do the breathalyser test it would be an independent criminal offence (in addition to any relating to driving while under the influence of alcohol or drugs), with a prison sentence (six to twelve months) and deprivation of the right to drive (one to four years).
5. Punishments available to the Courts
Article 379.2 of the Spanish Criminal Code states that anyone who drives a motor vehicle under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic drinks shall be punished with a sentence of imprisonment for a period of between three and six months or with a fine for six to twelve months (at the daily rate).
Alternatively, drink-driving in Spain may be punished by community service orders for 31 to 90 days and, in any case, with disqualification from driving motor vehicles for more than one year up to four years.
In any case, anyone will be punished if the result of a breathalyser test shows an 'exhaled alcohol level' of more than 0.60 milligrams per litre or an alcohol level greater than 1.2 grams per litre blood. These consequences can also affect your drivers licence points in Spain's point-based system, which is similar to systems used in other European countries.
Most of these criminal proceedings end with the signing of an agreement with the Prosecutor, the driver admitting his fault and accepting a penalty with a reduction from the initial charge. The legal services lawyer representing the driver would negotiate the best possible agreement, which would need to be ratified by the driver, with the assistance of a translator if necessary.
This does not mean that it is not possible to defend these kinds of charges before the Court and to obtain a dismissal of the charges.
For this purpose, it is essential that the lawyer in charge of the road traffic offence case has studied in depth the documentation included in the file: in most of these cases, formal defects committed by the Officers or the Court during the process could be the best option for the defence strategy.
Those formal mistakes could affect the statements and formal report issued by the officers (called "atestado"), the revisions and certificate of the breathalyser, or the Court notifications, among others.
6. Repeat Offenders
The Spanish legal system is very strict with Repeat Offenders. While first-time offenders may receive Community Service orders, subsequent violations trigger escalating penalties. The DGT has a comprehensive database of offenders, so courts can identify and sentence repeat violators accordingly.
For repeat offenders, courts may impose:
- Longer licence suspension
- Mandatory alcohol education programs
- Vehicle Confiscation in severe cases
- Longer Community Service hours
- Higher fines
7. Imprisonment
Although the penalty for drink-driving can lead to imprisonment, in practice and reality according to our legal system, a first offence with no criminal record does not involve imprisonment, even a second offence may not attract a prison sentence, though this is at the judge's discretion. A third offence will normally be punishable with a custodial sentence.
If you find yourself in such situations, at any level, you will probably benefit from local expert help regarding Road Traffic Offences.
8. Special Considerations for Foreign Drivers
With the increased movement between European countries and changes like uk driving licence in spain after brexit, it's important to understand how these laws apply to foreign drivers. The uk-spain driving licence agreement has established clear protocols for recognizing licenses, but the Spanish alcohol limits and penalties apply equally to all drivers on Spanish roads regardless of their license origin. Whether you're using a us driver's license in spain or any other foreign permit, you're subject to the same rules and testing procedures.
9. Alternative Transportation Options
To avoid potential issues with drink-driving, consider alternative transportation options. Spain has excellent public transportation, and in tourist areas, taxis are readily available. For those with mobility issues, a mobility scooter car can be a viable alternative for short distances, though regulations for these vehicles differ from standard vehicles. Similarly, electric scooters spain regulations have become more stringent in recent years, with specific rules about where they can be operated and whether alcohol limits apply to their users.
10. Vehicle Maintenance and Ownership
If you're planning an extended stay in Spain or becoming a resident, understanding the full spectrum of driving regulations is important. For those seeking residencia spain - and therefore plan to live full-time in the country - owning and maintaining a vehicle comes with responsibilities like regular vehicle inspections.
The ITV spain (Inspección Técnica de Vehículos), similar to the MOT in the UK, is a mandatory technical inspection that all vehicles must pass periodically to ensure they meet safety and emissions standards. These inspections must be carried out at authorized testing centers located throughout Spain, and failing to keep your vehicle's ITV certification current can result in fines and penalties.
11. Understanding Spanish Driving Laws
For foreigners, passing the Spanish driving test can be challenging due to different road rules. Exchanging a foreign license is much preferred, so be sure to do so as soon as possible. It is a requirement to hold a Spanish driving licence if you are driving in Spain while a resident in the country.
The drinking laws in Spain extend beyond just driving and include public consumption regulations that visitors should be aware of. When planning trips that involve driving on Italy roads or other neighboring countries, remember that each country has its own specific regulations that may differ from Spanish laws.
12. Crime and Consequences
Drink-driving falls under the broader category of crime in Spain that involves endangerment of public safety. The judicial system treats these offences seriously, especially when they result in accidents or injuries. Driving licence renewal in Spain may be complicated or prevented by prior drink-driving offences, as the authorities maintain detailed records of traffic infractions.
13. Frequently Asked Questions
How much alcohol can you drink and drive in Spain?
In Spain, the legal blood alcohol concentration (BAC) limit for drivers is 0.5 g/L in blood (or 0.25 mg/L in breath). For novice or professional drivers, the limit is stricter at 0.3 g/L in blood (or 0.15 mg/L in breath). Consuming even small amounts of alcohol can exceed these limits, depending on factors like body weight and metabolism. It's advisable not to drink at all if planning to drive.
How much is 0.5 mg of alcohol?
The measurement "0.5 mg of alcohol per liter of air" (0.5 mg/L) relates to breathalyzer readings, representing alcohol concentration in your breath. This roughly correlates to a blood alcohol concentration (BAC) of 0.5 g/L. Consuming one or two standard drinks, such as a small beer or glass of wine, might reach this limit, depending on individual factors like weight, metabolism, and how quickly the alcohol is consumed. It’s safest to avoid drinking entirely if driving.
What happens if you're caught drink driving in Spain?
If you’re caught drink-driving in Spain, penalties depend on your blood alcohol level and the severity of the offense. Consequences may include fines of €500 to €1,000, license points deduction, license suspension, or imprisonment for serious cases. A reading over 1.2 mg/L (breath) or 2.0 g/L (blood) is a criminal offense, leading to higher fines or jail time. Refusing a breathalyzer test is also a crime with similar penalties. Repeat offenses or accidents worsen the consequences.
Is there zero tolerance for drink driving in Spain?
Spain does not have a strict zero-tolerance policy for drink driving, but its legal limits are low. For most drivers, the limit is 0.5 g/L in blood or 0.25 mg/L in breath. Professional and novice drivers face even stricter limits of 0.3 g/L in blood or 0.15 mg/L in breath. These thresholds allow minimal alcohol consumption, but it's safest not to drink at all before driving to avoid penalties.
