The Offence of Reckless Driving in Spain (Art. 380 CP) (2026)
In this article
Key Takeaways
- Requires manifest recklessness and concrete danger
- Prison of 6 months to 2 years
- Presumed where speeding and alcohol/drugs concur
- Art. 381 punishes suicidal driving
Art. 380 CP punishes reckless driving: driving a motor vehicle or moped with manifest recklessness and putting the life or integrity of people in concrete danger. The penalty is 6 months to 2 years' imprisonment and disqualification from driving for more than 1 and up to 6 years. Art. 380.2 CP deems driving manifestly reckless where punishable speeding (Art. 379.1) and driving under the influence of alcohol or drugs (Art. 379.2) concur at the same time. It is an offence of concrete danger: no accident need occur.
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Article 380 of the Spanish Criminal Code punishes reckless driving: driving that puts the life or integrity of people in concrete danger. As criminal lawyers specialising in road safety, we explain its regime.
What Article 380 Says
This offence is committed by anyone who drives a motor vehicle with manifest recklessness and puts the life or integrity of people in concrete danger. Penalty: prison of 6 months to 2 years and disqualification from driving for 1 to 6 years.
What "Manifest Recklessness" Is
Manifest recklessness is driving that departs seriously and obviously from the standard of care: gravely dangerous manoeuvres, driving into oncoming traffic, extreme speeds in risk areas. The offence also requires a concrete danger: that people were actually exposed to the risk.
When Recklessness Is Presumed
Article 380.2 provides that driving is deemed manifestly reckless where, at the same time, punishable speeding and driving under the influence of alcohol or drugs at criminally relevant levels concur.
The difference from Article 381
If, in addition to recklessness, there is manifest disregard for the lives of others (suicidal or "kamikaze" driving), Article 381 applies, with prison of 2 to 5 years.
Defence Strategies
- No concrete danger: there were no people exposed to a real risk.
- Reclassification as an administrative infringement: the driving was careless but did not reach manifest recklessness.
- Challenging the measurements of speed, alcohol or drugs.
- Mitigating factors and the circumstances of the specific case.
Charged with reckless driving?
We analyse whether the manifest recklessness and concrete danger the offence requires were present.
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Frequently asked questions
What does Article 380 of the Criminal Code punish?
Reckless driving: driving a motor vehicle or moped with manifest recklessness, putting the life or integrity of people in concrete danger. The penalty is 6 months to 2 years in prison and disqualification from driving for 1 to 6 years.
When is driving considered "manifestly reckless"?
Article 380.2 CP presumes it where punishable speeding (Art. 379.1) and driving under the influence of alcohol or drugs (Art. 379.2) concur at the same time. Outside that case, the specific conduct is assessed (zigzagging, dangerous overtaking or driving into oncoming traffic).
What is the difference between Article 380 and Article 381?
Article 380 requires putting people in concrete danger. Article 381 is more serious: driving with manifest disregard for the lives of others, carrying 2 to 5 years in prison, a fine and disqualification from driving for 6 to 10 years.
Does an accident need to happen for it to be a criminal offence?
No. Article 380 is an offence of concrete danger: it is enough to prove reckless driving and the real endangerment of specific people, even if no injury actually results.
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