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?". If the scooter meets the regulatory parameters of a VMP, the general answer is NO: there is no offence and no criminal record, but an administrative infringement of the Traffic Act. The answer changes where the machine exceeds those parameters and the courts treat it as a moped. As criminal lawyers experienced in road traffic offences involving e-scooters, we explain exactly where that line falls and how each scenario is defended.

Is an e-scooter a "motor vehicle"?

As a general rule, not for criminal purposes. Following Royal Decree 970/2020, the General Vehicle Regulations define a VMP (Personal Mobility Vehicle) as a vehicle with one or more wheels, a single seat position and propulsion exclusively by electric motors that cannot exceed a design speed of 25 km/h. That definition places it outside the concept of a "motor vehicle or moped" required by Arts. 379 to 385 CP.

• Dictamen 2/2021 of the Road Safety Prosecutor: describes as improper the criminal prosecution of the VMP as the instrument of a road safety offence.
• Royal Decree 970/2020: recognises the VMP as a vehicle for traffic purposes — it is barred from pavements and subject to alcohol limits — but that does not turn it into a motor vehicle for the CP.
• Lower-court case law: the Provincial Courts overwhelmingly acquit where the machine seized is a compliant VMP.

The exception, and where convictions are concentrated: where the machine exceeds the VMP parameters — a design speed above the regulatory limit, greater power, or the seat and configuration of a moped (category L1e, unregistered) — it ceases to be a VMP. The courts then do treat it as a moped or motor vehicle, and Arts. 379, 383 and 384 CP apply in full. The line is drawn by the machine's actual technical characteristics, not by the label under which it was sold.

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

It depends on which machine you were riding:

1. Compliant VMP → administrative route: riding over the permitted alcohol limit carries a fine of 500 euros, rising to 1,000 euros where the reading doubles the permitted limit or the rider is a repeat offender. No criminal trial, no custodial penalty and no criminal record.
2. Machine outside the parameters → criminal route: if you exceed 0.60 mg/l in exhaled air, Art. 379.2 CP applies: 3 to 6 months in prison, or a fine of 6 to 12 months, or community service of 31 to 90 days, plus disqualification from driving for 1 to 4 years. The usual route is the fast-track trial, with a summons at very short notice.
3. Where there is a conviction, the ban affects ALL vehicles: including your car. That is why the classification of the machine is the first battle of the case, not a minor technicality.
4. Criminal record: this arises only in the criminal scenario. An administrative penalty for a compliant VMP is not entered in the Central Criminal Records Register.

And if I test positive for drugs?

The saliva test is carried out just as it is in a car, but the consequence follows the same logic: on a compliant VMP the response is administrative, not criminal, because Art. 379.2 CP requires a motor vehicle or moped. Where the machine exceeds the VMP parameters and the presence of toxic substances is combined with a demonstrated influence on the handling of the machine (weaving, slow reactions, erratic riding), the offence under Art. 379.2 CP is made out.

Can I refuse to take the test?

No. The duty to submit to testing applies to every driver, including the rider of an e-scooter, and refusal carries a fine of 1,000 euros. The offence of disobedience under Art. 383 CP (6 months to 1 year in prison) is a different matter: on a compliant VMP it is excluded for the same reason as Art. 379, because the offence requires a motor vehicle or moped. On machines outside the parameters, Art. 383 CP applies in full and remains worse than testing positive.

How to defend yourself?

The defence is built on two levels:

• Was it really a VMP? This is the principal line. The manufacturer's technical specification and, where necessary, expert evidence establish that the machine cannot exceed 25 km/h by design and does not have the characteristics of a moped. Once that is established, the conduct is not criminal at all.
• 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.
• Against the administrative penalty: the sanctioning file can also be challenged, reviewing the identification of the rider, service of the notice, time limits and the validity of the test itself.

Is it different if the scooter is a rental?

It does not change your own liability: you answer for the administrative infringement or, if the machine was outside the parameters, 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. It is worth noting that Law 5/2025 of 24 July extended compulsory third-party insurance to these light personal vehicles: that is an equivalence for insurance purposes, and it does not change the criminal concept of a motor vehicle.

The context you did not expect

• In Madrid, reports for alcohol and drugs on e-scooters have risen notably in recent years, almost always through the administrative route.
• 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 VMP reports.