Road safety is one of the areas where Spanish criminal law applies the greatest level of strictness. The rise in traffic accidents, their social impact and the need to prevent dangerous behaviour have led the Criminal Code to include several specific offences related to driving. Among these, three stand out due to their frequency and severity: driving under the influence of alcohol, drug-impaired driving and reckless driving.
These offences do not simply involve fines or losing licence points. In many cases, they may result in prison sentences, community service, long-term driving bans and even a criminal record. For this reason, understanding what behaviour is punishable and what legal consequences may follow is essential for any driver.
Over the years, Spanish courts have developed precise criteria for assessing when a driver’s conduct represents an unacceptable risk to road safety.
Driving under the influence of alcohol: limits and penalties
One of the most common offences is driving under the influence of alcohol. Article 379.2 of the Criminal Code establishes that it is a criminal offence to drive with a breath alcohol concentration of more than 0.60 mg/l or a blood alcohol concentration of more than 1.2 g/l. Exceeding these thresholds constitutes a crime regardless of whether symptoms appear.
Penalties include:
- Imprisonment from three to six months
- Fines or community service
- Driving disqualification from one to four years
Even with lower alcohol levels, an offence may still exist if it is shown that the driver’s ability was impaired. In these situations, symptoms, driving behaviour and police testimony become critical.
Drug-impaired driving: zero tolerance
In the case of drugs, the Criminal Code is equally clear: driving under the influence of narcotic substances is a criminal offence. Unlike alcohol, there is no numerical threshold. It is enough to prove that the substance affected the driver’s physical or mental abilities.
Penalties are similar to those for alcohol-related offences, and courts typically assess:
- Impaired coordination, attention or reaction
- Recent drug consumption verified by toxicology tests
- Irregular driving, collisions or dangerous manoeuvres
Testing positive for drugs does not always constitute a criminal offence. Administrative penalties apply when drugs are detected in the body, but criminal liability requires proof of actual impairment.
Reckless driving: a serious danger to others
Reckless driving, defined in Article 380, targets conduct that poses a serious risk to the safety of others. It covers behaviours such as:
- Driving at excessively high speeds
- Aggressive manoeuvres or dangerous overtaking
- Ignoring the orders of traffic officers
- Participating in illegal street races
This offence carries harsher penalties: imprisonment from six months to two years and driving bans of up to six years. If reckless driving creates a real and concrete danger to the life or integrity of others, the penalty may be increased.
There is also a more severe type: reckless driving with manifest disregard for human life, regulated in Article 381, which borders on attempted manslaughter.
What evidence is used in these cases?
Road safety offences rely heavily on objective and technical evidence. The most common includes:
- Breathalyser and toxicology tests
- Statements from traffic officers
- Expert reports on speed, braking or vehicle trajectory
- Police reports, videos and measurements taken at the scene
Given the technical nature of these cases, this is the point in the process where support from experienced attorneys for criminal defense becomes particularly valuable. Ensuring that tests were conducted properly, that police protocols were respected and that evidence has not been compromised can significantly influence the outcome.
The importance of defence in road safety crimes
Although these offences may seem relatively simple, their consequences can be severe. Long driving bans may interfere with employment, family responsibilities and everyday life. Furthermore, a criminal record can have lasting personal and professional repercussions.
For this reason, specialised defence is essential. A detailed review of the evidence, assessment of proportionality and the potential application of mitigating circumstances, such as early admission or repairing the damage, can change the direction of the case.
Defence strategies may focus on:
- Errors in the testing process
- Lack of symptoms proving real impairment
- Contradictions or inaccuracies in the police report
- Violations of fundamental rights during the traffic stop or arrest
Responsibility and defence for safer roads
Road safety crimes aim to protect the lives and physical integrity of all road users. Driving under the influence of alcohol or drugs, or behaving recklessly, not only exposes the driver to serious legal consequences but also endangers the entire community.
Understanding these offences, knowing the penalties and being aware of how criminal proceedings work is crucial for facing a case with proper guarantees. A well-prepared defence, based on the careful examination of facts and evidence, can be decisive in the final outcome.
