DUI & Road Safety Defense Attorneys in Spain

Road safety offences (Arts. 379-385 ter CP) form a category of abstract danger crimes: they punish conduct suitable to endanger life or integrity in road traffic, regardless of whether an accident or harm actually occurs. The protected legal interest is collective road safety, complemented by the life and integrity of road users. Settled Supreme Court case-law holds that proving the typical conduct —driving above the legal alcohol/drug limit, qualified speeding, refusal to undergo tests, driving without a valid licence— suffices to consummate the offence, without prejudice to concurrent types when injury occurs.

The Code distinguishes several modalities. Driving under the influence of alcohol (Art. 379.2 CP) is automatically a crime when the rate exceeds 0.60 mg/l of breath or 1.2 g/l of blood; below those thresholds, evidence of actual impairment is required. Driving under drugs or psychotropics (same Art. 379.2) is proven through saliva tests and, where appropriate, blood/urine confirmation. Qualified speeding (Art. 379.1) applies when the limit is exceeded by more than 60 km/h in urban roads or 80 km/h in interurban roads. Reckless driving (Art. 380) and driving with manifest disregard for life (Art. 381) carry heavier penalties when conscious disregard for risk is evident. Refusal to undergo tests (Art. 383) and driving without a licence (Art. 384) are autonomous types. The frame is completed by fleeing the scene of an accident (Art. 382 bis) and failure to assist by the causer (Art. 195.3).

Penalties are alternative but cumulative. For DUI and drug driving: prison from 3 to 6 months, fine of 6 to 12 months, or community service of 31 to 90 days, plus licence suspension of 1 to 4 years in all cases. Refusing the tests carries prison from 6 months to 1 year and suspension of 1 to 4 years, with no fine alternative: technically, blowing is usually less burdensome than refusing. Driving without a valid licence (Art. 384) carries prison 3-6 months, fine or community service. Reckless driving with disregard for life (Art. 381) reaches 5 years' prison and licence suspension up to 10 years. If harm follows, concurrence operates with Art. 152 (reckless injuries) or Art. 142 (reckless homicide).

Technical defence rests on several recurring axes. First, metrological challenge of the breathalyzer: review of calibration file, interval between tests, notice of rights, final reading and application of the official error margin (settled in STS 419/2017 and 145/2014). A 0.64 mg/l reading may fall below the criminal threshold after the margin, turning the offence into a mere administrative infringement. Second, the chain of custody in blood and urine tests, especially in post-accident hospital tests; any break may render the evidence void. Third, the distinction between presence and impairment in drugs: mere detection of THC or cocaine does not imply affectation of driving. Fourth, strategic plea agreements in speedy trials: the one-third reduction (Art. 801 LECrim) can turn a 6-month sentence into 4 months, replacing prison with a fine.

In current forensic practice we observe a sharp rise in proceedings concerning e-scooters (PMVs), treated as vehicles for the purposes of Arts. 379 ff (Madrid Provincial Court 17th Section 419/2022, confirmed by later case-law), and a stricter approach to fleeing the accident scene (Art. 382 bis), an autonomous type introduced by LO 11/2022. Organic Law 1/2025 on Justice Service Efficiency has partially reshaped speedy trials and summons deadlines. At Alonso Sala, our criminal lawyers in road safety offences intervene within 48-72 hours after the speedy-trial summons to audit the police report, request the breathalyzer's metrological documentation, review the legality of the checkpoint and design the most efficient strategy: acquittal, downgrade to administrative infringement, reduced plea or sentence substitution. The loss of a driving licence often carries a professional impact greater than the criminal penalty itself, and we calibrate every step with that aftermath in mind.