Driving under the influence of alcohol is a serious offence in Spain, with strict regulations in place to ensure road safety. For drivers visiting or residing in Spain, it is essential to be aware of the country’s alcohol limits, testing procedures and penalties to avoid heavy fines, driving licence suspension or even imprisonment.
Alcohol limits in Spain
The Spanish Directorate General of Traffic (DGT) sets clear alcohol concentration limits for drivers. These limits apply to both residents and foreign visitors:
- In general, the maximum permitted level is 0.25 milligrams per litre of exhaled air (equivalent to 0.5 g/l of alcohol in the blood).
- Professional drivers and novice drivers (less than two years’ driving experience): a lower limit of 0.15 milligrams per litre of exhaled air (equivalent to 0.3 g/l of alcohol in the blood) applies.
- Zero tolerance for minors: drivers under the age of 18 are prohibited from driving with any level of alcohol in their blood.
These limits are lower than in other countries, so foreign drivers accustomed to higher thresholds should be careful. For example, a single drink may bring you close to or over the legal limit, depending on your body weight and other factors.
How breathalyser tests work in Spain
Spanish authorities carry out random breathalyser tests, especially at weekends, on public holidays and in areas with a lot of night-time activity. If you are stopped by the Civil Guard or local police, here is what you can expect:
- Initial breath test: You will be asked to blow into a portable breathalyser. If the result exceeds the legal limit, you will be taken to a police station or a mobile testing unit for a second, more accurate test. Refusing to take this first test carries fines of up to £1,000 and immobilisation of your vehicle.
- Breath test or blood test: The second test is legally binding. Refusal to take it is considered a criminal offence punishable by up to one year in prison and deprivation of the right to drive motor vehicles for between one and four years.
- Consequences: If the breathalyser test is positive, your vehicle may be immobilised and you may be detained until you sober up or until further measures are taken. In addition, financial penalties are imposed, which are detailed below.
Foreign drivers should bear in mind that the Spanish police are well equipped and trained to carry out these tests efficiently. Attempting to evade or argue during a test may worsen the situation.
Penalties for driving under the influence of alcohol
Exceeding the legal alcohol limit in Spain carries the following administrative and criminal penalties, depending on the severity of the offence.
Administrative penalties
- Alcohol level between 0.25 and 0.4 mg/l of exhaled air.
- Fine: £500, which can be reduced to £250 if paid within 20 days.
- Penalty points on your driving licence: Spain has a points-based driving licence system. An offence for driving under the influence of alcohol usually results in the deduction of between 4 and 6 points.
- Immobilisation of the vehicle: Your vehicle may be towed away or immobilised at your expense.
Criminal penalties
- Blood alcohol level above 0.4 mg/l of exhaled air or refusal to take the test.
- Fines: from £1,000.
- Imprisonment: a blood alcohol level above 0.4 mg/l is considered a criminal offence, with a prison sentence of 3 to 6 months.
- Driving ban: driving ban for 1 to 4 years.
- Community service: in some cases, the courts may impose between 30 and 90 days of community service instead of imprisonment.
- Confiscation of the vehicle: in extreme cases, your vehicle may be confiscated.
- Foreign drivers: You may be summoned to court. If you have left Spain, the authorities may issue an international arrest warrant for serious offences.
Additional consequences
- The police may request immediate payment of fines, especially from non-residents. Credit card payments are often accepted in mobile units. If you are unable to pay, your vehicle may be immobilised until payment is made.
- Suspension of driving licence: if you hold a foreign driving licence, it may be registered and suspended in Spain and other EU countries through mutual recognition agreements. Non-EU drivers may face restrictions when renting vehicles or driving in Spain in the future.
- Car rental issues: If you are driving a rental car, the rental company may impose additional penalties or terminate your contract.
- Insurance complications: A conviction for drink driving may invalidate your car insurance, leaving you liable for any damage or injury caused while driving under the influence.