Did you know that you can face criminal prosecution for your driving behavior even if you have not caused an accident? In Spain, certain behaviors are considered crimes against road safety, and can lead to prison sentences, withdrawal of your driver’s license and a criminal record.
In this article we explain what are the most frequent crimes, the legal consequences and how you can defend yourself if you have been cited or arrested.
Fine or crime? Key differences
In Spain it is important to differentiate between an administrative infraction and a criminal offense:
Administrative infraction:
Sanction imposed by the DGT (Dirección General de Tráfico). It involves economic fines, loss of points and temporary withdrawal of the driver’s license.
Crime against road safety:
It is regulated in Title XVII of the Penal Code, articles 379 to 385 ter. It involves judicial proceedings, imprisonment or criminal fine, withdrawal of the driver’s license, criminal record and automatic loss of points.
ℹ️ Update 2025: According to data from the Ministry of the Interior, more than 94,000 people were convicted of road offenses in 2024, with alcohol-related crimes being the most frequent (interior.gob.es).
🚫 Main offenses against road safety.
These are the most common according to the Spanish Penal Code:
- Serious speeding (Art. 379.1 PC)
- Exceeding more than 60 km/h on urban roads or more than 80 km/h on interurban roads.
- Penalty: imprisonment of 3 to 6 months, or fine of 6 to 12 months, and withdrawal of license for 1 to 4 years.
- Driving under the influence of alcohol or drugs (Art. 379.2 PC)
- Alcohol: more than 0.60 mg/l in exhaled air or 1.2 g/l in blood.
- Drugs: presence of psychotropic substances in the body.
- Penalty: imprisonment from 3 to 6 months, or fine, community service, and withdrawal of driving license for up to 4 years.
⚠️ The consumption of prescription drugs may also be punishable if it affects driving (dgt.es).
- Refusal to submit to tests (Art. 383 PC)
- Refuse breathalyzer or drug tests, even without having consumed.
- Penalty: imprisonment from 6 months to 1 year and withdrawal of license for up to 4 years.
- Reckless driving (Art. 380 and 381 PC)
- Create real danger to other road users. Examples:
– Driving in the wrong direction
– Illegal racing
– Repeatedly jumping traffic lights
– Fleeing from police controls
- Penalty: imprisonment from 6 months to 2 years and deprivation of the right to drive for up to 6 years.
- Driving without a license (Art. 384 PC)
- Never having obtained it, having it withdrawn by judgment or total loss of points.
- Penalty: imprisonment of 3 to 6 months, or a fine of 12 to 24 months, or community service.
🧾 Can the trial be avoided?
Yes, it is possible to reach a plea agreement.
- Acknowledging the facts reduces the penalty by up to one third.
- In exchange, the trial will be waived and a conformity judgment will be rendered.
- Consequences: criminal record and automatic withdrawal of the driver’s license.
📌 According to the State Attorney General’s Office, more than 70% of road safety offenses are resolved by agreement in the duty court or in a speedy trial.
⚖️ What to do if you have been arrested or subpoenaed?
- Ask for immediate legal assistance.
You have the right to a lawyer from the first moment. Do not testify without legal advice. - Do not minimize the accusation.
Even if there has been no accident, there can be serious consequences: criminal record, imprisonment, loss of license. - Keep all documentation.
Police report, summons, DGT notifications, medical report if applicable. - See compliance options.
Your lawyer will assess whether it is appropriate to accept the facts or go to trial based on your history, evidence and circumstances.
💬 Conclusion: specialized criminal defense makes a difference.
Driving offenses not only affect your professional and personal life, but can also leave you without a license, with a criminal record and long-lasting penalties.
At Martínez & Caballero Abogados, we accompany you from the very first moment:
Legal defense in speedy trials
✅ Appeals against administrative sanctions
✅ Negotiation of compliance with the Public Prosecutor’s Office
✅ Cancellation of criminal record
👩⚖️ Sara Gabernet Roca
Criminal Lawyer – Specialist in Crimes against Road Safety and Integral Criminal Defense.
M&CAbogados
📞 Have you been subpoenaed or detained? Contact us and act with legal guarantees.
