Road Safety Offenses in Spain: Complete Legal Guide 2026

Road safety offenses (Arts. 379-385 of the Spanish Criminal Code) are the most frequent offenses in Spain's courts. Every year, more than 80,000 proceedings are brought for drink-driving, driving without a licence, excess speed and other criminal road infractions. As criminal lawyers specializing in road safety, this guide brings together everything you need to know to defend your rights.

1. Drink-Driving (Art. 379.2 CP)

Driving with a breath alcohol concentration above 0.60 mg/l (equivalent to 1.2 g/l in blood) is a criminal offense. Below that figure but above 0.25 mg/l, it is an administrative infraction.

Penalties: 3 to 6 months in prison or a fine of 6 to 12 months or 31 to 90 days of community service + withdrawal of the driving licence for 1 to 4 years.

Key defense: The margin of error of the breathalyzer (5-7.5% depending on the model) can bring the reading below the criminal threshold. If you blew 0.64, applying the maximum permitted error could place the reading at 0.59 = administrative infraction, not a criminal offense. We also check the device's calibration date: if it has expired, the test can be challenged.

2. Drug-Driving (Art. 379.2 CP)

Driving under the influence of toxic drugs, narcotics or psychotropic substances is a criminal offense if it can be shown that the substance actually affected driving. A positive test alone is not enough: the Spanish Supreme Court requires actual influence to be proven.

Key defense: We challenge three elements: (1) the reliability of the saliva test (the Dräger DrugTest® 5000 has documented false-positive rates), (2) the chain of custody of the sample, and (3) the correlation between a positive result and actual influence on driving.

3. Excess Speed (Art. 379.1 CP)

It is a criminal offense to exceed the urban speed limit by 60 km/h or the inter-urban speed limit by 80 km/h.

Key defense: Challenging the radar device: checking its type approval, current periodic verification and the application of the regulatory margin of error (Ministerial Order ICT/155/2020). A radar without verification within the previous 12 months produces inadmissible measurements.

4. Driving Without a Licence (Art. 384 CP)

It is a criminal offense to drive in three situations: (1) loss of validity due to total loss of points duly notified, (2) judicial withdrawal of the licence (final sentence), (3) never having obtained the licence.

Key defense: If the loss of points was not properly notified (for example, notification by public edict without prior attempts at personal service), there is no offense. We review the DGT (Directorate-General for Traffic) file exhaustively.

5. Reckless Driving (Art. 380 CP)

Driving with manifest disregard for the lives of others, putting the life or physical integrity of third parties in concrete danger. This includes illegal races, kamikaze driving and doing donuts/skidding on public roads.

Penalties: 1 to 4 years in prison (basic offense) or 2 to 5 years (kamikaze) + withdrawal of the licence for 6 months to 6 years + confiscation of the vehicle (Art. 385 bis CP).

6. Leaving the Scene of an Accident (Art. 382 bis CP)

Leaving the scene of an accident where there are victims is an offense introduced by Organic Law 2/2019. It punishes both the driver who caused the accident and anyone who, without having caused it, was involved in the accident and fled. More on this offense on our page on leaving the scene of an accident.

7. E-Scooters and Personal Mobility Vehicles (VMP)

The State Prosecutor's Office (Circular 2/2024) and case law confirm that Personal Mobility Vehicles (VMP) are motor vehicles for the purposes of the Criminal Code. This means that a positive test on an e-scooter = the same penalties as in a car, including withdrawal of the driving licence. More information on our page on e-scooters and VMPs.

The Fast-Track Trial: The 48-Hour Trap

Most road offenses (drink-driving, no licence) are processed via the fast-track trial (Arts. 795-803 of the Spanish Criminal Procedure Act, LECrim). The sequence is: arrest → summons within 48 hours → trial with an offer of a guilty plea. Never accept a plea agreement before a lawyer has reviewed the evidence. Technical review of the proceedings can reveal procedural defects that change the outcome of the case.