Road Safety and Traffic Offences in Spain (Arts. 379-385 CP): Defence Services

The traffic report reaches the investigating court for the district and, once complete, the matter is usually dealt with through urgent proceedings and a fast-track hearing: the first appearance may therefore also be the last real chance to negotiate. The framework depends on the offence. Driving with more than 0.60 mg/l of alcohol in exhaled air or 1.2 g/l in blood, or under the influence of drugs, carries 3 to 6 months' imprisonment, a 6-to-12-month fine or 31 to 90 days of community service, and in every case loss of the licence for more than 1 and up to 4 years (Art. 379.2 CP). Refusing the tests carries 6 months to 1 year and the same licence ban (Art. 383 CP), and driving after losing the licence through the points system or a judicial ban carries 3 to 6 months' imprisonment, a 12-to-24-month fine or community service (Art. 384 CP).

• Do not make a statement before speaking to your lawyer. Arts. 118 and 520 LECrim grant the right to remain silent and to a confidential meeting beforehand. In a fast-track hearing that conversation decides whether to accept a plea agreement or challenge the evidence, and it cannot be improvised in the courthouse corridor.
• Ask for the breathalyser paperwork as soon as possible. The current metrological verification certificate, serial number, the time of both readings and compliance with the minimum interval between them. This is the paperwork that expires and disappears, and it underpins any challenge to the margin of error.
• Do not hand over your licence or accept penalties unseen. Loss of the right to drive is a criminal penalty, not an administrative formality: it is imposed in the judgment and its length is negotiable within the statutory range. Accepting the highest proposal upfront closes that margin.
• Gather the evidence that only exists in the first few days. The emergency-room report if you received medical care, witnesses to the journey, receipts if you dispute drinking after driving, and any recording of the checkpoint. None of it can be recovered later.

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 (STS 163/2018 of 6 April, Plenary of the 2nd Chamber). 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 cases involving e-scooters (PMVs) — as a rule an administrative fine rather than a crime, since a compliant PMV is not a motor vehicle for criminal purposes (Prosecution Service opinion 2/2021), unless the device exceeds PMV parameters —, and a stricter approach to fleeing the accident scene (Art. 382 bis), an autonomous type introduced by LO 2/2019 of 1 March. 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.