Drink Driving in Spain:
What Penalty Will You Actually Get?
Courts in Spain impose a fine, community service or — in some cases — a prison sentence for drink driving, always alongside a mandatory licence ban. This guide explains the actual statutory penalties, how fines are calculated, what TBC community service means in practice, and why accepting the prosecution’s offer without independent legal advice can cost you more than it saves.
01Legal Framework
Drink driving in Spain — conducción bajo la influencia de bebidas alcohólicas — is a criminal offence once your blood alcohol concentration (BAC) exceeds the thresholds set by law, or when your driving ability is visibly impaired regardless of BAC. The governing provision is Article 379 of Organic Law 10/1995 (Código Penal), within the chapter on offences against road safety (delitos contra la seguridad vial).
A separate offence exists under Article 383 of the Criminal Code: refusing to submit to a breath or blood test is itself a criminal offence. The penalty is prison and a mandatory driving disqualification — regardless of your actual BAC. Many drivers are unaware of this until they face proceedings.
The current penalty framework was introduced by Organic Law 15/2007 of 28 November, which significantly increased sentences for road safety crimes. That reform remains in force and has not been reversed.
Criminal record — a practical consequence many overlook
A conviction under Article 379 creates a criminal record entry — distinct from a simple traffic fine. This can affect employment background checks, future sentencing if you reoffend, and certain professional licences. Understanding this from the outset shapes every decision about how to respond to the charge.
02BAC Thresholds: Administrative vs. Criminal
Spain measures breath alcohol in milligrams per litre of exhaled air (mg/l). The criminal threshold under Article 379.2 CP is 0.60 mg/l of exhaled air (corresponding to approximately 1.2 g/l in blood). At or below that level, criminal prosecution under Article 379.1 CP is still possible if the officer observes clear signs of impairment regardless of the measured BAC.
The administrative thresholds — below which no criminal offence occurs — are established by Royal Decree 1428/2003 (Reglamento General de Circulación), currently in force in its consolidated version.
| BAC — exhaled air | Blood equivalent | Legal classification | Consequence |
|---|---|---|---|
| Below 0.25 mg/l | Below 0.5 g/l | No offence (general drivers) | No penalty |
| 0.25 – 0.60 mg/l | 0.5 – 1.2 g/l | Administrative infringement | Fine €500–€1,000 + demerit points |
| Above 0.60 mg/l | Above 1.2 g/l | Criminal — Art. 379.2 CP | Criminal penalty + mandatory disqualification |
| Any level + visible impairment | — | Criminal — Art. 379.1 CP | Criminal penalty + mandatory disqualification |
| Below 0.15 mg/l (new drivers, ≤2 yrs) | Below 0.3 g/l | Administrative (lower threshold) | Fine + 6 demerit points |
| Below 0.15 mg/l (professional permits) | Below 0.3 g/l | Administrative (lower threshold) | Fine + 6 demerit points |
| Refusal to test | — | Autonomous crime — Art. 383 CP | Prison 6m–1yr and disqualification 1–4 yrs |
Lower thresholds for new and professional drivers
Drivers who have held a licence for fewer than two years, and holders of professional driving permits (bus, lorry, taxi, ride-hail), face an administrative threshold of 0.15 mg/l exhaled air — well below the general limit. Exceeding this threshold as a professional driver can also trigger employment consequences under sector-specific regulations.
03The Three Alternative Penalties and Mandatory Disqualification
Article 379 of the Criminal Code provides that the offence is punishable by one of three alternative main penalties. These are not imposed together — the court (or the agreed conformidad) selects one. In all cases, a mandatory driving disqualification is imposed in addition to whichever main penalty applies.
What the statute actually says
The offence under Article 379 CP is punishable by: prison of three to six months, or a fine of six to twelve months (day-fine system), or community service of 31 to 90 days — and always with driving disqualification of more than one year and up to four years.
Option A — Prison
3–6 mo.
Statutory range. Almost always suspended for first offenders with no prior record
Option B — Day-fine
6–12 mo.
Calculated using the day-fine system — amount depends on income
Option C — TBC community service
31–90 days
Requires defendant’s express consent. See section 05
Always added — disqualification
>1–4 yrs
Mandatory alongside whichever main penalty is imposed
How the day-fine (multa) is calculated in practice
Spain’s criminal fine system — sistema de días-multa — works in two steps. The court first sets a number of days within the statutory range of 6 to 12 months (180 to 360 days). It then assigns a daily rate (cuota diaria) based on the defendant’s income, assets and financial obligations. The legal range for the daily rate is €2 to €400; in practice, most courts apply between €6 and €60 for employed defendants without significant assets.
| Economic profile | Typical daily rate | At 180 days (6 months) | At 360 days (12 months) |
|---|---|---|---|
| Unemployed / very low income | €6–€10 / day | €1,080–€1,800 | €2,160–€3,600 |
| Average employed worker | €10–€20 / day | €1,800–€3,600 | €3,600–€7,200 |
| Higher income / self-employed | €20–€60 / day | €3,600–€10,800 | €7,200–€21,600 |
| High earner / business owner | €60–€150 / day | €10,800–€27,000 | €21,600–€54,000 |
These are illustrative ranges. The daily rate is determined by the court after examining evidence of the defendant’s economic situation. Providing clear documentation — payslips, tax returns, dependants — can materially affect the figure applied.
Non-payment consequences
Under Article 53 of the Criminal Code, unpaid criminal fines can ultimately result in a period of personal liability arrest (responsabilidad personal subsidiaria). Courts must first consider TBC as a substitute before ordering detention. Instalment payment (fraccionamiento de pago) is available and worth requesting at sentencing.
04Suspended Sentences
Where the court imposes a prison sentence, it may suspend enforcement under Articles 80 to 87 of the Criminal Code. For sentences not exceeding two years, suspension is available provided the defendant has no prior criminal record and the court considers it appropriate in light of the circumstances.
In practice, a first-time drink driving offence resulting in a sentence of three to six months is almost invariably suspended. The defendant does not serve time in prison, but remains subject to the suspension period — typically two to five years — during which reoffending or breaching conditions can result in enforcement of the original sentence.
The suspension does not affect the driving disqualification. That runs from the date of sentence regardless.
Prior convictions change the analysis significantly
Defendants with a prior criminal record — including a previous drink driving conviction — may not qualify for suspension, or may face a longer prison term. If you have any prior convictions, obtaining legal advice early is particularly important.
05TBC Community Service: What It Is and How It Works
TBC (Trabajos en Beneficio de la Comunidad) is unpaid community service. Under Article 379 CP, it is one of the three alternative main penalties available for drink driving — not a condition attached to another sentence, but a freestanding penalty in its own right. The rules governing how TBC is carried out are set by Royal Decree 840/2011 of 17 June, which is the regulation currently in force on this matter.
- The statutory range for drink driving under Article 379 CP is 31 to 90 days of community service.
- Work is unpaid and assigned to public bodies, charities or NGOs — commonly in hospitals, social services, road safety projects or environmental programmes.
- Sessions are scheduled around the defendant’s working hours and must not disrupt their employment or family obligations.
- TBC requires the defendant’s express consent — the court cannot impose it without agreement.
- Non-compliance is a serious matter. The court reviews the situation and may revoke TBC; the legal consequence depends on the judge’s assessment and is not an automatic day-for-day conversion.
- Completing TBC does not erase the conviction, but avoids both a fine and any period of imprisonment.
TBC as a practical outcome
For many defendants, TBC is the most favourable outcome available under Article 379 — it avoids both a financial penalty and any risk of imprisonment. A lawyer can seek TBC as part of a negotiated conformidad where the facts of the case and the defendant’s circumstances support it.
06Conformidad: Pleading Guilty and Why Legal Advice Matters
Conformidad is a procedural mechanism under Spanish criminal procedure — principally Article 787 of the Ley de Enjuiciamiento Criminal (LECrim) for the procedimiento abreviado, which covers the majority of drink driving cases — that allows the defendant to accept the prosecution’s proposed sentence in exchange for avoiding a full oral trial. The judge ratifies the agreement, which then becomes the sentence.
Conformidad is widely used in drink driving proceedings. It can produce a good result: a reduced fine, a shorter disqualification, or TBC instead of a fine. Whether it produces a good result depends entirely on whether the proposal is scrutinised and negotiated before acceptance.
What you give up without proper legal review
These are the most common consequences of accepting a conformidad without independent advice:
- Accepting a penalty — fine amount, disqualification length — that is higher than what a court would have imposed at trial, with no right of appeal on the agreed terms.
- Waiving the right to challenge the lawfulness of the breath test procedure — including whether the device was properly certified, whether a second test was offered, and whether your rights were explained to you at the roadside.
- Creating a criminal record without knowing its practical consequences for your employment, professional licences or residency status.
- Agreeing to TBC conditions that are difficult to meet from abroad, or that conflict with your work schedule — with no mechanism to renegotiate after signing.
- Missing an opportunity for acquittal where procedural defects in the evidence would have supported it.
Free initial consultation · English-speaking lawyers · Barcelona & Catalonia
A lawyer will first assess whether there are grounds to contest the charge — procedural errors, an uncertified breathalyser, failure to offer a second sample, or failure to inform you of your rights. Where those grounds exist, conformidad may be unnecessary. Where it is still the best outcome, a lawyer negotiates the penalty type, the fine days and daily rate, and the disqualification period — all of which affect the final cost significantly.
07Factors That Increase the Penalty
Several circumstances lead courts to impose penalties at the upper end of the statutory range, refuse suspension, or bring additional charges:
| Factor | Legal basis | Severity | Practical effect |
|---|---|---|---|
| Prior drink driving or road safety conviction | Art. 22.8 CP — recidivism | High | Higher penalty within the range; suspension less likely or unavailable |
| BAC significantly above the criminal threshold | Art. 379.2 CP | High | Courts typically impose longer disqualification and higher fine within the range |
| Accident causing injury | Arts. 147–152 CP | Very high | Concurrent charge for the injury; prison suspension less likely; civil liability for damages |
| Driving while disqualified | Art. 384 CP | Very high | Separate autonomous offence: prison 3–6 months or fine, plus further disqualification up to 4 years |
| Drugs alongside alcohol | Art. 379.1 CP | Medium–High | The influence of drugs (with or without a positive breathalyser) supports a charge under Art. 379.1 CP separately |
| Refusal to submit to testing | Art. 383 CP | High | Autonomous offence prosecuted on its own: prison 6m–1yr and disqualification 1–4 yrs — separate from any Art. 379 charge |
| Professional driving permit holder | RD 1428/2003; sector regulation | Medium | Lower administrative threshold; administrative proceedings may affect professional licence independently |
Refusing to test does not prevent prosecution
Refusing the breathalyser is a separate criminal offence under Article 383 CP, regardless of your actual BAC. It carries prison and disqualification, both mandatory. Evidence of impairment from other sources — dashcam footage, officer observations, passenger statements — can still support a concurrent Art. 379 charge.
08Where We Work: English-Speaking Clients Across Catalonia
Our lawyers advise and represent English-speaking clients charged with drink driving throughout Catalonia. We cover the areas where British and international residents, expats, tourists and seasonal workers are most concentrated — from the Barcelona metropolitan area to the Costa Brava and inland cities.
Areas we cover
We appear before the courts with jurisdiction over the following areas. If your case is not listed, contact us — we can advise on coverage and referrals.
Barcelona city
Juzgados de lo Penal de Barcelona. Largest expat and tourist population in Catalonia.
Badalona & Maresme
Including Mataró, Vilassar, Premià, Masnou — growing English-speaking community along the coast north of Barcelona.
Sabadell & Terrassa
Vallès Occidental courts. Significant international business and residential population.
Girona city & province
Juzgado de lo Penal de Girona. Gateway to the Costa Brava region.
Costa Brava — North
Figueres, Roses, L’Escala, Empuriabrava — courts in Figueres. High British tourist and resident density in summer.
Costa Brava — Central
Lloret de Mar, Blanes, Tossa de Mar — courts in Blanes / Santa Coloma de Farners. Major British tourism zone.
Sitges & Garraf
Courts in Vilanova i la Geltrú. One of Catalonia’s highest concentrations of British residents.
Tarragona & Costa Daurada
Salou, Cambrils, Vila-seca — courts in Tarragona. Large British and Northern European tourist flow.
Attending court from outside Spain
If you have returned home after being charged, your lawyer can often attend certain hearings on your behalf. In some drink driving proceedings under the juicio rápido procedure, the defendant’s personal attendance is required — but in others it is not. We advise on this at the outset so you can plan accordingly.
