Fast-Track DUI Trial: How Long Does It Take? (2026)

The fast-track trial is an express procedure designed for flagrant, simple offences such as drunk driving or driving without a licence. The police complete the investigation on the spot and summon you directly to court. As criminal lawyers specialising in road safety, we accompany our clients through these proceedings every day. This guide explains how it works, what timeframes to expect and when it makes sense (or not) to accept the plea agreement.

What is a fast-track trial?

It is a criminal procedure regulated by Arts. 795-803 of the Spanish Criminal Procedure Act (LECrim). It applies to offences that are flagrant, straightforward to investigate or on its statutory list (Art. 795 LECrim): drunk driving, driving without a licence, thefts, assaults, etc. Its main feature is speed: a plea agreement can be concluded during the duty shift itself and, if there is none, the trial is listed within the following 15 days (Art. 800.3 LECrim).

Actual timeframes of a fast-track trial

1. Hour 0 — Arrest/Summons: The police arrest you or hand you a summons at the scene.
2. 0-24 hours — Police report: The police complete the report and forward it before the duty judge (juez de guardia; formerly the duty court, Juzgado de Guardia).
3. 24-48 hours — Appearance before the duty judge: You appear before the court. The prosecutor offers you the plea agreement.
4. If you accept: Immediate judgment, final and not appealable. The whole matter ends in under 48 hours from the incident.
5. If you decline: The case proceeds to an oral trial before the Criminal Section. There you do get a trial with evidence, witnesses and a chance of acquittal. Timeframe: the law requires it to be listed within the following 15 days (Art. 800.3 LECrim).

The plea agreement: when to accept and when to decline

The plea agreement is a deal with the Prosecutor's Office: you admit the facts and the penalty is reduced by one third. It looks like a good deal, but there is a catch:

✅ Accept if:

• The evidence is overwhelming (very high breath-alcohol reading, no possible margin of error).
• You only want to wrap things up quickly and minimise the licence withdrawal.
• Your lawyer has confirmed there are no exploitable technical defects.

❌ Decline if:

• The breathalyser's margin of error could bring the reading below 0.60.
• The device's calibration is expired or questionable.
• There are procedural flaws (you were not informed of your right to a contrast test).
• You were not read your rights before blowing.

Fast-track trial for driving without a licence

The offence of driving without a licence (Art. 384 CP) has its own peculiarities:

• Loss of all points: It is only a crime if you were formally notified that you had lost your points or your licence. If there is no record of notification, there is no offence.
• Judicial withdrawal: Driving after being deprived of your licence by a court decision, whether interim or final, carries the same penalty under Art. 384 CP, which displaces breach of sentence (Art. 468 CP) as the more specific provision (Circular FGE 10/2011).
• Never obtained a licence: Driving without ever having held a licence is also a crime.

The penalty is prison of 3 to 6 months, or a fine of 12 to 24 months, or community service.

Will I have a criminal record? Can it be cleared?

Yes, you will end up with a criminal record, and it is not cancelled after 6 months: a fine of more than 3 months and community service of more than 30 days are less serious penalties (Art. 33.3 CP). The Art. 136.1 CP periods, provided you do not reoffend, are:

• 2 years for imprisonment (even if suspended), community service and a fine of up to 12 months.
• 3 years for a fine of more than 12 months (driving without a licence) and a driving ban of more than one year but under three (drink-driving).
• 5 years for a driving ban of three years or more.

In the meantime, it affects competitive examinations, firearm-licence renewals and citizenship applications.

Frequently asked questions

Can I appeal a judgment based on a plea agreement?

No. A plea agreement cannot be appealed as to the facts. That is why we insist: never plead guilty without a criminal lawyer having assessed the evidence.

Can I request an adjournment of the fast-track trial?

Not directly, but you can decline the plea agreement: the oral trial is then listed within the following 15 days (Art. 800.3 LECrim), and your defence may ask for up to 5 days to file the defence submission (Art. 800.2 LECrim). Trial timescales in general are set out in our guide on how long a criminal trial takes in Spain.

And if I do not show up for the fast-track trial?

If you do not attend the summons before the duty judge, the judge may order your arrest (Arts. 797.1.3 and 487 LECrim). If you miss the oral trial after being duly summoned, it may be held in your absence where the prosecution requests it and the penalty sought does not exceed 2 years' imprisonment, or 6 years for a penalty of a different nature (Art. 787.1 LECrim); your lawyer still defends you and no penalty more severe than the one requested may be imposed (Art. 789.3 LECrim).

If the case is handled as a fast-track trial, you can check the one-third reduction with our fast-trial plea agreement calculator.

The requirements and content of the urgent proceedings are set out in Article 796 of the Spanish Criminal Procedure Law.

The duty judge's decision to continue the proceedings, after hearing the prosecutor and the parties, is governed by Article 800 LECrim.

The appeal against a judgment handed down in urgent proceedings, with shortened five-day deadlines, is governed by Article 803 LECrim.