Blog category
Road Safety
30 articles on road safety: penalties, case law and defense strategy. See the practice area →
Challenging the Breathalyser: How Drink-Driving Evidence Is Set Aside
A positive breathalyser reading is not an automatic conviction: the defence can challenge it over type-approval, calibration, the double reading or margin of error.
Positive Saliva Drug Test: How It Is Challenged Under Art. 379.2 CP
A roadside saliva drug test is only a preliminary screening: without lab confirmation or proven impairment, a positive result is challengeable and not a conviction.
Drink-Driving With an Accident and Injuries: The Concurrence of Arts. 379.2, 142 and 152 CP
Drink-driving and causing an accident with injured people is two crimes in Spain: Art. 379.2 CP plus the result offence (142 or 152 CP). Art. 382 sets the penalty.
Your Rights at a Traffic Stop in Spain: A Driver's Practical Guide
Your rights at an alcohol or drug checkpoint in Spain: information, a blood counter-analysis, the double reading, legal assistance and limits on searching the car.
Driving after losing all your points (Art. 384 CP): the notice is the key
Driving after your licence loses validity through total point loss is an offence under Art. 384 CP, but without valid notice the required intent may be missing.
Drug Driving in Spain: Influence vs. Presence (Art. 379.2 CP)
Testing positive for drugs is not automatically a crime: Art. 379.2 CP requires actual impairment at the wheel. How it differs from a traffic fine.
Refusing a Drug Test in Spain: the Article 383 CP Offence
Refusing the drug test required by an officer is a separate offence under Art. 383 CP, carrying a heavier penalty than testing positive for drugs itself.
False Driver Identification on a Traffic Fine: When It Becomes a Crime (Arts. 392 and 456 CP)
Pinning a traffic fine on someone else to avoid the penalty or losing points may amount to document forgery (Art. 392 CP) or false accusation (Art. 456 CP).
Court Driving Disqualification in Spain: Driving While Banned (Arts. 384 & 468 CP)
A court-imposed driving ban is a penalty that cannot be suspended. Driving during it is an offence under Art. 384 CP and may add a breach of sentence.
Driving Without Ever Having Held a Licence in Spain (Art. 384 CP)
Driving without ever obtaining a licence is an offence under Art. 384 CP: prison, a fine or community service. Defence and the role of a foreign licence.
Urban speeding and 30 km/h zones: when it becomes a crime (Article 379.1 CP)
In town, where limits are 20, 30 or 50 km/h, the +60 km/h criminal threshold is reached at speeds that would be normal on a motorway. We explain how.
Cocaine Drug-Driving in Spain: When It Is a Crime (Art. 379.2 CP)
Testing positive for cocaine is not automatically a crime in Spain: Art. 379.2 CP requires driving "under the influence" — actual impairment, not mere presence.
Second DUI: how recidivism aggravates the penalty (Art. 379.2 CP)
A second DUI conviction triggers the recidivism aggravation (Art. 22.8 CP): penalty in its upper half, suspension at risk and possible actual imprisonment.
Driving Offences in Spain as a Foreigner: DUI, the Fast-Track Trial and What Happens to Your Licence
What happens to a foreign tourist or resident after a positive breath test in Spain: the Art. 379.2 CP threshold, the fast-track trial and on-the-spot guilty plea, EU vs non-EU licences and paying the fine from abroad.
How to Challenge a Speed Camera Reading: Attacking the Radar Evidence
The radar reading is the key evidence in a speeding case: how to challenge it via verification certificate, margins of error, signage and chain of custody.
Refusing a Breathalyser: The Offence Under Article 383 CP
Refusing to take the test is a separate offence under Article 383 CP, usually carrying a harsher penalty than drink-driving itself. We explain why and how it is defended.
Driving Under the Influence of Cannabis: Art. 379.2 CP
Testing positive for cannabis is not automatically a crime: Art. 379.2 CP requires actual impairment behind the wheel. How it differs from a traffic fine.
Illegal Street Racing in Spain: Fine or Criminal Offence? (Art. 380 CP)
When an illegal street race turns from a traffic fine into the reckless-driving offence of art. 380 CP, vehicle confiscation and defence.
Speeding as a Criminal Offence: When Article 379.1 CP Turns a Fine into a Criminal Case
Not every speeding ticket is a crime. We explain the Article 379.1 CP thresholds (+60 km/h urban / +80 km/h interurban), the exact penalties and how the radar reading is challenged.
Wrong-Way (Kamikaze) Driving in Spain: Art. 380 & 381 CP (2026)
Driving the wrong way (kamikaze): when it is reckless driving under Art. 380 of the Spanish Criminal Code (CP) and when it rises to Art. 381 CP, penalties and defence.
DUI Defence (Art. 379 CP): Breathalyser & Licence
Tested positive on a Spanish DUI stop? We explain the criminal vs. administrative thresholds, the consequences, and the technical defence lines that work to…
Drink-Driving on an E-Scooter (VMP) in Spain: Fine or Criminal Offence? (2026)
Is it a criminal offence to test positive for alcohol while riding an e-scooter in Spain? Yes.
Road Safety Offences in Spain: Complete Legal Guide 2026
Complete guide to road safety offences in Spain: drink-driving, drugs, excess speed, reckless driving, driving without a licence, e-scooters and leaving the…
Caught at a Breathalyser Checkpoint in Madrid: Legal Steps (2026)
Stopped at a breathalyser checkpoint in Madrid? Step-by-step legal guide on your rights and the critical first hours.
Driving Without a License in Spain: Prison Penalties 2026
Driving without a license in Spain: current penalties in 2026, when it's a crime vs. administrative offence, and defence options.
Fast-Track DUI Trial: How Long Does It Take? (2026)
How long does a fast-track DUI trial take in Spain? Timelines, plea options, and what to expect at each stage.
How to Avoid Prison After a Positive Breathalyser in Spain
The offence of driving under the influence of alcohol can carry prison in cases of recidivism or accidents. Defence strategies in drink-driving cases.
Driving Without a Licence or After Losing Your Points in Spain: Penalties
Driving when your licence has been withdrawn or without ever having obtained it is not a simple fine — it is an offence.
DUI Criminal Defence in Spain 2025: Alcohol, Breathalyser & Rights
Driving under the influence of alcohol can result in up to 1 year in prison and loss of license in Spain.
Road Safety Offences: Legal Guide and Criminal Defence 2026
Have you tested positive at a checkpoint or been summoned for a fast-track trial? We analyse the keys to criminal defence in traffic offences and how to…
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