Drink-Driving on an E-Scooter (VMP) in Spain: Fine or Criminal Offence? (2026)

It is the question of the moment: "Can my car licence be taken away for riding an e-scooter while drunk?". The answer is YES. And not only that: a criminal record, a fine, and a 1-to-4-year disqualification from driving. As criminal lawyers experienced in road traffic offences involving e-scooters, we explain exactly how it works and how to defend yourself.

Why is an e-scooter a "motor vehicle"?

The State Prosecutor's Office issued Circular 2/2024, which establishes unequivocally that PMVs (Personal Mobility Vehicles) fitted with an electric motor are motor vehicles for the purposes of Title XVII of the Criminal Code (Arts. 379-385 CP). This rests on:

• The broad definition in the Criminal Code: the Criminal Code does not define "motor vehicle". Case law includes any motor-driven device that travels on a public road.
• Royal Decree 970/2020: officially recognises PMVs as vehicles (not pedestrians) and prohibits them from riding on pavements.
• Case law: several Provincial Courts (Madrid, Barcelona, Valencia, Seville) have already convicted for drink-driving on an e-scooter.

What happens if I test positive on an e-scooter?

Exactly the same as if you tested positive driving a car:

1. If you exceed 0.60 mg/l in exhaled air: it is a criminal offence (Art. 379.2 CP). Arrest, police report and a summons for a fast-track trial within 48 hours.
2. Penalties: 3 to 6 months in prison, or a fine of 6 to 12 months, or community service + disqualification from driving for 1 to 4 years.
3. The disqualification affects ALL vehicles: including your car. A positive test on an e-scooter on a Friday night can leave you unable to drive your car to work for over a year.
4. Criminal record: it will be entered in the Central Criminal Records Register. It affects public-sector job applications, permit renewals and nationality applications.

And if I test positive for drugs?

The saliva test applies just as it does in a car. If the presence of toxic substances is combined with a demonstrated influence on the handling of the PMV (weaving, slow reactions, riding on the pavement), it is an offence under Art. 379.2 CP carrying the same penalties.

Can I refuse to take the test?

NEVER. Refusing to undergo breath-alcohol testing is a specific offence of disobedience (Art. 383 CP), punishable by 6 months to 1 year in prison. It is worse than testing positive. The law does not distinguish whether you are driving a car, a motorcycle or an e-scooter: the obligation to undergo testing is universal for every driver of a motor vehicle.

How to defend yourself?

The defence is identical to that of a positive test in a car, and it works:

• Breathalyser margin of error: if you blew 0.64, applying the maximum permitted error (5-7.5%) the figure can drop to 0.59 = no offence.
• Calibration of the device: if the periodic verification of the breathalyser has expired, the test can be challenged.
• Testing protocol: two tests must be carried out at least 10 minutes apart. If the interval was not observed, there is a procedural defect.
• Right to a counter-analysis: you have the right to request a blood test. If you were not informed of this right, it is a serious procedural defect.
• Was it really a PMV? Some high-powered scooters (over 3 kW) could be classified as mopeds and require an AM licence. The classification of the vehicle can be disputed.

Is it different if the scooter is a rental?

Not for criminal liability: you are equally liable for the offence. The difference lies in civil liability: if the scooter is a rental (Lime, Tier, Dott), the company holds third-party liability insurance that could cover damage caused to pedestrians or other vehicles.

The figures you did not expect

• In Madrid, positive tests for alcohol and drugs on e-scooters have risen notably in recent years.
• The hotspots: Malasaña, Chueca, La Latina and Moncloa (nightlife areas with a high density of rental scooters).
• The most common profile: people aged 25-35 who use the scooter as the "last mile" home after a night out.
• In Valencia, the Ruzafa and El Carmen districts account for most positive PMV tests.