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 flagrant offences with straightforward investigation: drunk driving, driving without a licence, thefts, minor assaults, etc. Its main feature is speed: from the incident to trial in less than 48-72 hours.

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 to the Duty Court.
3. 24-48 hours — Appearance at the Duty Court: 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 Court. There you do get a trial with evidence, witnesses and a chance of acquittal. Timeframe: 3 to 8 months depending on the court.

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 breathalyzer'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: If your licence was withdrawn by a judgment and you drive anyway, you are in breach of the sentence.
• 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. It is cancelled:

• 6 months after completing the sentence if it was a fine or community service.
• 2 years later if it was imprisonment (even if suspended).

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, which converts the proceedings into an ordinary oral trial with more time to prepare the defence.

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

It will be held in absentia provided you were duly summoned. Judgment will still be handed down, normally with the maximum penalty because no defence was presented.