Criminal Lawyers for Cannabis and Driving
Defense against drug driving charges related to cannabis or marijuana use.
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Driving under the influence of cannabis is one of the most commonly prosecuted drug driving offenses in Spain. However, it is also one of the most defensible, because THC (the active component of cannabis) remains detectable in the body long after any psychoactive effects have ended. A positive test does not necessarily mean the driver was impaired at the time of driving.
Legal Framework: Detection vs. Impairment
Driving under the influence of drugs falls under Art. 379.2 CP, the same provision as drink-driving. But THC can be detected in saliva up to 48 hours after consumption, and in blood for even longer, so a recreational user who consumed cannabis the previous evening may test positive the next day while completely sober. The prosecution must prove not just substance presence, but that the driver's faculties were affected at the moment of driving —and, crucially, there is no legally established THC impairment threshold equivalent to the blood-alcohol limits.
Defense Strategies
Our defense centers on: presenting expert toxicology evidence showing that THC levels do not correlate linearly with impairment (unlike alcohol, there is no established THC impairment threshold), demonstrating the absence of clinical signs of impairment (stable driving, normal reaction to police instructions, passing coordination tests), and challenging the time of consumption to show the effects had dissipated before driving.
Criminal Consequences
The penalties mirror those of drink-driving: prison of 3 to 6 months (usually suspended for a first offence), a fine of 6 to 12 months, and the deprivation of the right to drive of 1 to 4 years. The defensive position is, however, generally stronger than in alcohol cases: the gap between detection and actual impairment, and the absence of a legal THC threshold, create reasonable doubt that frequently prevents conviction or reduces the matter to an administrative sanction.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Imprisonment | Prison sentences from 3 months to 6 years depending on severity and concurrence of offenses. |
| License Revocation | Revocation of driving privileges from 1 to 4 years. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Evidence Review
Comprehensive review of the prosecution evidence to detect procedural irregularities.
Negotiation
Limited plea agreement when the evidence is strong, to minimize consequences.
Road Safety Offences in Spain: DUI, Reckless Driving and Traffic Crimes — Defence Guide
Road safety offences (Arts. 379-385 CP) are among the most prosecuted in Spain. Driving under the influence (DUI), dangerous driving, unlicensed driving, and driving while disqualified carry not only prison sentences and fines, but also driving licence disqualification that can last up to 10 years.
Penalty Table: Road Safety Offences
| Offence | Article | Threshold | Penalty |
|---|---|---|---|
| DUI (alcohol) | Art. 379.2 | > 0.60 breath / 1.2 blood | 3-6 months prison or fine + 1-4 yr disqual. |
| DUI (drugs) | Art. 379.2 | Any detectable amount | 3-6 months prison or fine + 1-4 yr disqual. |
| Excessive speed | Art. 379.1 | +60 km/h urban / +80 km/h interurban over the limit | 3-6 months prison or fine + 1-4 yr disqual. |
| Reckless driving (Art. 380) | Art. 380 | Manifest disregard for life | 6 months – 2 years + 1-6 yr disqual. |
| Unlicensed driving (never held) | Art. 384 | No licence ever held | 3-6 months prison or fine |
| Driving while disqualified | Art. 384 | Lost by judicial/admin order | 3-6 months + 1-4 yr further disqual. |
| Hit and run (Art. 382 bis) | Art. 382 bis | Leaving accident scene | 6 months – 4 years |
Key Defence Strategies
Challenge the Breathalyser Result
Breathalyser devices must be calibrated and certified. Challenge: calibration records out of date, device malfunction, improper administration protocol (required 15-minute observation period before test).
Drug Test Challenge (Saliva/Blood)
Roadside saliva tests are presumptive, not conclusive. Request the blood confirmatory test. If the confirmatory test was not performed or the result is contested, the evidence may be insufficient.
Reckless Driving: subjectivising the risk
Art. 380 requires manifest, concrete endangerment of road users. Driving fast on an empty road at night may not constitute the 'manifest danger to life' required.
Disqualification Computation
If the accused drove believing the disqualification had expired (administrative error, incorrect notification), the subjective element of Art. 384 may be absent.
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