Alcohol Limit Spain

Alcohol limit Spain - Drinkdriving

Driving under the influence of alcohol – or drugs and other toxic substances- has administrative consequences, and it could also constitute a criminal offence in certain cases.

Alcohol Limit Spain: breathalyzer test

If the results obtained from the breathalyzer test exceed 0.25 milligrams per litre (0.15 for professional drivers and drivers with less than two year experience), the driver would receive a 500 euros fine. In those cases when the rate is higher than 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 would be double that amount (1,000 euros). You may also read about the breathalyzer results accuracy.

The previously mentioned fines are to be imposed, initially, under administrative proceedings by the traffic authorities, and they do not imply any Court proceedings or criminal records for the driver.

But driving under the influence of alcohol would constitute a criminal offence in two specific cases, according to section 379.2 of the Spanish Criminal Code:

  1. In every case, when the test rate exceeds 0.60 milligrams per litre; and
  2. Even if obtaining a rate 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 essential that the officers making the test are able to prove those circumstances before the Court – it should be mentioned that the Courts, instead of traffic authorities, would deal with these criminal cases.

Criminal proceedings would carry (where the driver is found guilty by the Court subsequent to 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 would 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 financial situation of the driver).

Alcohol Limit Spain: refusing breathalyzer test

Besides that, it is important to take into account that, according to article 383 of the Criminal Code, if the driver refuses to complete the breathalyzer test it would constitute an independent criminal offence (in addition to the previous one), carrying a prison sentence (of six to twelve months) and deprivation of the right to drive (for one to four years).

Related Services

17 Lawyers Offering Road Traffic Offences Services in Spain

Testimonials for our Road Traffic Offences service
  • Vicky Bailey
    Vicky Bailey, Marbella

    Speedy response. Very approachable.


    Jun 14, 2020
  • Elin Dahms Konig
    Elin Dahms Konig, Seville

    I recommend Rafa who helped me through a tough situation where I was wrongly accused in a case of fraud. His advice, support and professionalism were outstanding!


    Feb 28, 2020
  • Robert Melvin
    Robert Melvin, Seville

    I was extremely happy with Rafael during my case. He always responded promptly to any questions I had. I found both his spoken and written English to be excellent, even with complex legal matters.


    He explained any query I had very well and if there was anything I was unsure of he explained thoroughly. I was extremely impressed with the level of professionalism throughout the process together. I would highly recommend Rafael to anyone needing a lawyer in Spain. It was a pleasure to work with him.


    Dec 08, 2019
  • Renee Friel
    Renee Friel

    Responded to my request immediately and always there with advice.


    Sep 27, 2019
  • Stefan Olivier
    Stefan Olivier, Ibiza

    Rosa was incredibly helpful and also patient with me. I would recommend her to anyone as she is incredibly professional and knows how to advise a distressed client brilliantly.


    Sep 07, 2019
  • Jason McNabb
    Jason McNabb, Fuengirola

    Very professional and a first class service at very short notice.


    Everything was under control in a short space of time. Alvaro was a man of his word. Anything he said he would do he done it. Me and my family appreciate everything you done for my brother thank you so much.


    Jul 16, 2019
  • Clare Parlour
    Clare Parlour, Mallorca

    Initially I had a lot of communication but as time went on it was difficult to get prompt responses and I felt frustrated by the Spanish system and lack of understanding.


    It has now been transferred to the UK but this was done through the court and not the solicitor. it took 3 months for our file to turn up in the UK and I think that was more by luck.


    More regular communication especially as we didn't know the Spanish legal system.


    Jul 09, 2019
  • Andy and Diane Heston
    Andy and Diane Heston, Fuengirola

    We have recently had to employ the services of a lawyer, to deal with a very serious and distressing problem. We found Alvero and made a phone call to him ,within seconds of speaking to him he proved to be the lawyer to represent us.


    His knowledge of our particular problem was in depth and precise he listened carefully and gave us really sound and honest advice. His professionalism in handling our case has been impressive to say the least but he has also remained sympathetic and constantly kept us up to date with everything he has been doing at every stage.


    This has helped to minimize the stress at this extremely stressful time I would have no hesitation in recommending Alvero. His professionalism and whole attitude towards his clients is second to none


    May 24, 2019
  • Margaret Mary Kelly
    Margaret Mary Kelly, Benidorm

    Juan was very professional and approachable. He was aware of the legal issues surrounding my case and responded in a timely manner. He has a calm manner and communicated in a direct but sensitive way.

    I will use the service again if I need legal help in the future.

    Muchas gracias, Juan. Margarita.


    Apr 26, 2019
  • Nicholas Lee
    Nicholas Lee, Palma

    Very good. Made me feel very comfortable in a difficult situation and helped me resolve the issue in a calm, efficient and cost effective manner. Highly recommended.


    Feb 15, 2019
  • Rhys Keely
    Rhys Keely, Mallorca

    Rosa was very understanding and helpful in all matters. She explained everything and went above and beyond to assist.


    So lucky to have found her at a difficult time.


    Jan 29, 2019
  • Val
    Val, France

    Francisca was extremely helpful. We especially appreciated the clarity and sensitivity to our situation.


    Jan 08, 2019
  • David Grundy
    David Grundy, UK

    Jose was very polite and we received an excellent service from him.


    Nothing was to much trouble and his communication was 2nd to none. Highly recommended!


    Aug 24, 2018
  • John Wedlake
    John Wedlake, Murro de Alcoi, Spain

    Very satisfied with Jose-Antonio's service, in particular I appreciated the completely honest appraisal of the situation. Will definitely use this service again.


    Jul 30, 2017
  • Andriy Shevchuk
    Andriy Shevchuk, Ukraine, Lviv

    Jose Antonio is a very professional lawyer. He have very good experience and clear vision of case. Also digging deeply in all details.


    Very professional Lawyer.


    Apr 05, 2017
  • Harold Thomas
    Harold Thomas, Manchester UK

    The help I received from Juan on behalf of my sister in law Sandra, was invaluable.


    He is an excellent professional who I can highly recommend, if I was ever in need of legal assistance in Spain he would definitely be the first person I would contact.


    Many thanks Juan for your help.


    Jan 13, 2017
  • KSC
    KSC, Ireland

    She was very helpful, always happy to assist.


    I was very satisfied with the service.


    Oct 18, 2016
  • Martin Rawlings
    Martin Rawlings, Baza

    I am very pleased with the time and trouble taken by Álvaro in advising me and acting on my behalf.


    His English was more or less fluent and I would definitely use his services again.


    Apr 07, 2016
Send Your Enquiry
Are there public holidays?

Enquiry sent. Thank you!

Please fix errors