Road safety offences: defence and criminal consequences
Road safety offences (arts. 379–385 of the Criminal Code) are among the most common criminal cases in Spanish courts. Driving under the influence of alcohol or drugs, significantly exceeding speed limits, or driving without a licence can carry serious criminal consequences.
Types of road safety offences
Driving under the influence of alcohol or drugs (art. 379.2 CP)
It is considered a criminal offence when:
- The breath alcohol level exceeds 0.60 mg/l (or 1.2 g/l in blood).
- The driver is under the influence of toxic drugs, narcotics or psychotropic substances.
Penalties: imprisonment of 3 to 6 months or a fine of 6 to 12 months, and disqualification from driving for 1 to 4 years.
Excessive speed (art. 379.1 CP)
Exceeding the speed limit by more than 60 km/h in urban areas or by more than 80 km/h on interurban roads.
Penalties: imprisonment of 3 to 6 months or a fine of 6 to 12 months, and disqualification from driving for 1 to 4 years.
Driving without a licence (art. 384 CP)
Driving after the licence has been invalidated due to total loss of points, without ever having obtained one, or while disqualified by court order.
Penalties: imprisonment of 3 to 6 months or a fine of 12 to 24 months, or community service of 31 to 90 days.
Refusal to submit to testing (art. 383 CP)
Refusing to take breathalyser or drug detection tests required by law enforcement.
Penalties: imprisonment of 6 months to 1 year, and disqualification from driving for 1 to 4 years.
Fast-track trials
Most road safety offences are processed as fast-track trials (art. 795 LECrim). This means the arrested person may be tried within 24 to 72 hours.
It is essential to have legal assistance from the very first moment, as decisions made in those initial hours — such as accepting the sentence proposed by the prosecutor — are final.
Defence strategies
- Challenging the breathalyser evidence: procedural irregularities, lack of device calibration, absence of a second test or blood analysis.
- Negotiating the sentence: seeking substitution of imprisonment with a fine or community service.
- Proving mitigating circumstances: cooperation with the justice system, reparation of damage, absence of prior convictions.
- Requesting suspension of the prison sentence: when the sentence does not exceed 2 years and there are no criminal records.
Conclusion
A road safety offence can have serious consequences: a criminal record, loss of driving licence and even imprisonment. Proper technical defence can make the difference between a disproportionate sentence and a fair resolution.
If you are facing proceedings for a road safety offence, contact me to prepare your defence from the very first moment.
