Did you know that you could face criminal charges for your behavior behind the wheel even if you haven’t caused an accident? In Spain, certain types of behavior are considered crimes against road safety and can result in prison time, the revocation of your driver’s license, and a criminal record.
In this article, we explain the most common crimes, the legal consequences, and how you can defend yourself if you’ve been summoned or arrested.
Fine or Crime? Key Differences
In Spain, it is important to distinguish between an administrative offense and a criminal offense:
Administrative violation:
Penalty imposed by the DGT (General Directorate of Traffic). This results in fines, loss of points, and temporary suspension of the driver’s license.
Traffic offense:
This is governed by Title XVII of the Penal Code, Articles 379 through 385-ter. It results in legal proceedings, a prison sentence or criminal fine, license suspension, a criminal record, and automatic loss of points.
ℹ️ 2025 Update: According to data from the Ministry of the Interior, more than 94,000 people were convicted of traffic offenses in 2024, with driving under the influence being the most common offense (interior.gob.es).
🚫 Major Traffic Safety Violations
These are the most common ones according to the Spanish Penal Code:
- Serious Speeding (Art. 379.1 of the Penal Code)
- Exceeding the speed limit by more than 60 km/h on urban roads or more than 80 km/h on intercity roads.
- Penalty: imprisonment for 3 to 6 months, or a fine equivalent to 6 to 12 months’ wages, and suspension of the driver’s license for 1 to 4 years.
- Driving Under the Influence of Alcohol or Drugs (Art. 379.2 of the Penal Code)
- Alcohol: more than 0.60 mg/l in exhaled air or 1.2 g/l in blood.
- Drugs: the presence of psychotropic substances in the body.
- Penalty: 3 to 6 months in prison, or a fine, community service, and suspension of the driver’s license for up to 4 years.
⚠️ The use of prescription medications may also be punishable by law if it affects your ability to drive (dgt.es).
- Refusal to undergo testing (Art. 383 of the Penal Code)
- Refusing to take a breathalyzer or drug test, even if you haven’t consumed alcohol or drugs.
- Penalty: 6 months to 1 year in prison and suspension of driver’s license for up to 4 years.
- Reckless Driving (Articles 380 and 381 of the Penal Code)
- Pose a real danger to other road users. Examples:
– Driving in the wrong direction
– Illegal street racing
– Repeatedly running red lights
– Fleeing police checkpoints
- Penalty: Imprisonment for 6 months to 2 years and suspension of the right to drive for up to 6 years.
- Driving Without a License (Art. 384 of the Penal Code)
- Never having obtained it, having it revoked by court order, or losing all points.
- Penalty: imprisonment for 3 to 6 months, or a fine equivalent to 12 to 24 months’ pay, or community service.
🧾 Can the trial be avoided?
Yes. It is possible to reach a settlement with the District Attorney’s Office.
- Admitting to the facts reduces the sentence by up to one-third.
- In exchange, the trial will be waived and a plea agreement will be entered.
- Consequences: A criminal record is established, and the driver’s license is automatically revoked.
📌 According to the State Attorney General’s Office, more than 70 % of traffic safety offenses are resolved through plea agreements in the on-call court or through expedited proceedings.
⚖️ What should you do if you’ve been arrested or summoned?
- Request immediate legal assistance.
You have the right to a lawyer from the very beginning. Do not make a statement without legal counsel. - Don’t downplay the charge.
Even if there was no accident, there can be serious consequences: a criminal record, jail time, and loss of your driver’s license. - Keep all documentation.
Police report, summonses, notices from the DGT, and a medical report, if applicable. - Review your options for reaching a settlement.
Your attorney will assess whether it is in your best interest to admit the facts or go to trial, based on your history, the evidence, and the circumstances.
💬 Conclusion: Specialized criminal defense makes all the difference
Traffic offenses not only affect your professional and personal life, but they can also result in the loss of your driver’s license, a criminal record, and long-lasting penalties.
At Martínez Caballero Abogados, we’re with you from the very beginning:
✅ Legal defense in expedited trials
✅ Appeals against administrative sanctions
✅ Plea bargaining with the District Attorney’s Office
✅ Expungement of criminal records
👩⚖️ Sara Gabernet Roca
Criminal Defense Attorney – Specialist in Traffic Safety Offenses and Comprehensive Criminal Defense.
MC Abogados
📞 Have you been summoned or arrested? Contact us to ensure your legal rights are protected.
