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Review the test before deciding how to defend yourself.
A positive test alone does not tell the whole story. We reviewed the stocking, measurements, test conditions and specific imputation to explain the options of defence.
The influence of alcohol or the overcoming of the criminal threshold of article 379.2 may be investigated. Refusal of evidence is a different offence. The conformity and possible reduction of 801 of the Spanish Criminal Procedure Act requires verification of its requirements.
Understanding to Decide
Anonymised case study
A judgment based on agreement to the prosecution case was issued in a driving procedure under the influence of alcohol. Subsequent documentation includes a request for payment of the fine.
Anonymised case study
The execution of a sentence for driving under the influence of alcohol reached its stage of enforcement.
Read moreAnonymised case study
A driving charge under the influence of alcohol was processed as a quick trial. The accused person was informed of its consequences prior to compliance.
Anonymised case study
Following a sentence for road safety offences, an arithmetical error in the duration of a sentence and an omission concerning the fine quota were detected.
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One judgment concerned both driving under the influence of alcohol and refusal to provide evidence. A subsequent order corrected omissions and specified the offence to which each sentence corresponded.
Supreme Court · Second Chamber
Supreme Court · Second Room · 2026
The court rejected a request to split a driving disqualification into separate periods. The penalty must run continuously; the law does not provide intervals during which the person may resume driving.
ECLI:ES:TS:2026:431
Read moreSupreme Court · Second Room · 2025
The Supreme Court convicted a driver of exceeding the criminal speed threshold on a motorway. The official note discusses the speed measurement, its margin of error, the fine and the driving disqualification.
ECLI:ES:TS:2025:186
Read moreSupreme Court · Second Room · 2025
The classification as intentional homicide was upheld for the driver who caused a death during a street race. The Supreme Court corrected the repeat-offending aggravation, distinguishing the road-safety offence from homicide.
ECLI:ES:TS:2025:3316
Read moreAnswers to guide you
19 Brief answers with references to official regulations.
The Spanish Criminal Code provides, in any event, for rates higher than 0,60 mg/l in air or 1,2 g/l in blood, without prejudice to the applicable technical margins.
Yeah, if it's proven that you were driving under the influence of alcohol. Driving, symptoms, tests, and other circumstances are valued.
No. The administrative limit and the offence are different issues. Criminal proceedings require requirements from Spanish Criminal Code and sufficient evidence.
Refusal to a legally required evidence may constitute another offence. The second measurement should not be confused with a voluntary test chosen by the driver.
Not necessarily. The refusal has its own criminal relevance and the influence of alcohol can be proven by other means of proof.
Consult this service ↗See FAQ ↗Yeah. The person under investigation has the right to legal aid and to know the facts attributed before giving a statement in legal terms.
Consult this service ↗See FAQ ↗Yeah. You may not declare or answer certain questions. This right does not amount to a power to reject legally enforceable evidence of alcohol.
No. The basic type provides alternative imprisonment, fine or community work, as well as deprivation of the right to drive. The specific penalty depends on the case.
Article 379 incorporates the deprivation of the right to drive along with the main alternative penalty. Its duration must be fixed by the judgment.
The need for work alone does not authorize driving during judicial deprivation. Doing so may constitute a new offence.
Consult this service ↗See FAQ ↗You mustn't take it for granted. The penalty is a continuous temporary deprivation; its execution and dates must respect the judicial decision.
If the requirements of article 801 are met, the sentence requested may be reduced by one third. It involves accepting a conviction and requires individual advice.
No. The evidence, the facts, the penalties and their consequences must first be reviewed. Conformity must be provided freely and with sufficient information.
Consult this service ↗See FAQ ↗The absence of an accident does not exclude the offence of alcoholism. 379 does not require injury or damage.
Criminal acts of civil consequence and responsibilities may occur. The imprudence, causation and special rules of the road contest should be studied.
Consult this service ↗See FAQ ↗The article 379 also punishes driving under the influence of drugs. An analytical result should be assessed together with the elements of the specific criminal offence.
Yes, where the criminal thresholds are exceeded: more than 60 km/h above the urban speed limit or more than 80 km/h above the interurban limit, subject to the relevant technical assessment.
The stocking, the results and timing of the measurements, the citation and the information about the instrument make it possible to prepare the defence and propose checks.
Consult this service ↗See FAQ ↗Yes, a firm criminal conviction creates antecedents. Its cancellation requires the extinction of the criminal liability and the passage of the legal period without offending.
Spanish Constitutional Court
Violation of the rights of defence, in relation to the right to personal liberty, and to the presumption of innocence: proof of alcoholemia performed without mediation of police detention...
Read moreSpanish Constitutional Court
Alleged violation of the rights to effective judicial protection and the presumption of innocence: lack of documentation of the oral hearing not causing defenselessness, control of the...
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Have you received a court summons after an alcohol test in Spain? The reading alone is not enough to decide what to do. Start with the police report and the allegation.
Keep the summons and gather the readings, their times and any available documents. Your lawyer checks what was measured, how the test was conducted and which safeguards were recorded. Refusing a test is a separate issue and may have consequences of its own.
It is also important to establish whether the allegation concerns impaired driving, a specific alcohol level or other conduct. A positive test does not mean that every case follows the same route. Agreeing to the prosecution case requires understanding the charge, sentence and consequences.
For a consultation at penal.info, bring complete documents and describe events in order. The defence depends on the evidence and the particular circumstances.
Book an appointment with María Morales at penal.info.
Time to listen
Consult with María Morales Elbaz, lawyer in Madrid.