Drink driving lawyer in Alicante

01Drink driving in Alicante: when it is a fine and when it is a crime

The first thing I look at when someone messages me after a checkpoint is the breathalyser reading, because everything follows from it. Spain runs two separate systems, and any drink driving lawyer in Alicante needs to know which one you are in before giving any advice.

Administrative limit: a traffic fine

• General limit: 0.25 mg/l of alcohol in exhaled air (0.5 g/l in blood).
• New drivers (first two years) and professional drivers: 0.15 mg/l in breath (0.3 g/l in blood).

Between those limits and 0.60 mg/l the matter is an administrative offence handled by the traffic authority (Jefatura de Tráfico): a fine (roughly 500 euros, rising to 1,000 in the most serious cases or for repeat offenders) and the loss of 4 or 6 licence points depending on the reading. No criminal record and no court.

Criminal limit: article 379.2 of the Penal Code

Above 0.60 mg/l in breath (or 1.2 g/l in blood) the act is always a crime, even if your driving was perfect. Below that figure it can still be a crime if you were driving "under the influence" and there were visible signs (weaving, slurred speech, an accident).

I go into the difference between the two in more depth in my article on the drink driving offence in Alicante (in Spanish).

02What my firm does in a drink driving case

Road safety offences are the most common criminal matter in the duty courts (juzgados de guardia) of Alicante. They move fast, and that speed works against anyone who walks in without a lawyer of their own choosing.

• Reviewing the police report (atestado): I check the breathalyser calibration certificate, the timing between tests, whether you were told of your right to a blood test and whether the symptoms recorded make sense.
• Working out the real sentence: what the prosecutor will ask for, what it becomes with the one-third reduction and the options for your licence.
• Strategy: a negotiated guilty plea, a contested trial, or challenging the evidence when there are serious defects.
• After the sentence: I handle enforcement (community service, paying the fine in instalments) and the removal of the criminal record.

I have practised in Alicante since 2002, ICALI bar number 5795, and I work with clients from the city, San Juan, Campello, Elche and across the Costa Blanca. One honest note: consultations are held in Spanish. If you need an interpreter, say so when you message me on WhatsApp and we will arrange one. My guide to hiring a criminal defence lawyer in Alicante explains how I approach criminal defence more broadly.

03The fast-track trial (juicio rápido): what happens and how quickly

Almost all criminal drink driving cases go through the juicio rápido, the fast-track trial regulated in articles 795 and following of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal). You may receive a court summons on the very day of the checkpoint.

The stages in practice

1. Police report: the Guardia Civil or local police gather the evidence, inform you of your rights and summon you, usually within days, to the duty court.
2. Appearance before the duty court: you give a statement as a suspect (investigado), assisted by a lawyer (your own or a duty solicitor). The prosecutor files the charges.
3. Guilty plea or trial: if you accept the sentence the prosecutor asks for, the duty judge hands down judgment on the spot with the one-third reduction. If not, a trial date is set before the criminal court (juzgado de lo penal), normally in the following weeks.

Pleading guilty without having read the police report and without knowing what alternatives exist is a mistake you cannot undo: a conviction by guilty plea is final and cannot be appealed on the merits.

My article on how a fast-track trial works (in Spanish) walks through the procedure in more detail. If you would rather I looked at your summons before the hearing, message me on WhatsApp with a photo of the document.

04The guilty plea and the one-third reduction: when it pays off and when it does not

The conformidad is the agreement by which you accept the facts and the sentence requested by the prosecutor. In fast-track trials article 801 of the Criminal Procedure Act rewards that agreement with a one-third reduction of the sentence.

An example with indicative figures

The daily rate of the fine is set according to your means, and there is room for negotiation there too: the court will not know your circumstances unless someone explains them to the prosecutor.

When I would NOT plead guilty

• The reading is below 0.60 mg/l and the charge rests on vague symptoms.
• The breathalyser calibration certificate is missing or the two tests were not done properly.
• You were not told of your right to a confirmatory blood test.
• There was an accident and the test was taken hours later, or at the hospital without proper safeguards.

In those cases it is worth going to trial and seeking an acquittal. In the rest, negotiating the plea well is usually the smart decision. I will tell you frankly which situation you are in.

05Penalties under article 379 CP: fine, community service and driving ban

Article 379.2 of the Penal Code punishes drink driving with one of three penalties, at the judge's choice: 3 to 6 months in prison, a fine of 6 to 12 months, or 31 to 90 days of community service. And in every case, on top of that, a driving ban of 1 to 4 years.

Fine

The most common penalty for a first offender: months multiplied by a daily rate the judge sets according to your income.

Community service (trabajos en beneficio de la comunidad)

Days of unpaid work for local councils or charities. It requires your consent and has to fit around your job.

Driving ban

This is what worries people most. Two things to bear in mind:

• If the ban exceeds 2 years, your licence loses its validity and you have to obtain it again (article 47 CP). That is why negotiating below that threshold is so important.

If you drive for a living, tell me from the outset: it is a strong argument for a fine rather than another penalty and for the shortest possible ban.

06Refusing the breath test (article 383 CP) and drug driving

A question I hear constantly: "what if I just refuse to blow?". Refusing is almost always worse than testing positive.

Refusing to take the test

Article 383 of the Penal Code punishes a driver who, when required by an officer, refuses to take the alcohol or drug tests. The penalty is 6 months to 1 year in prison plus a driving ban of 1 to 4 years. There is no alternative of a fine or community service: the main penalty is always prison, although in practice it is suspended if you have no record.

Drugs at the wheel

With drugs the law works differently. Administratively, the mere presence of the substance in the saliva test is enough for a fine, with no need to prove impairment. In criminal proceedings, however, article 379.2 requires proof that you were driving "under the influence" of the drug: symptoms are needed and, normally, a laboratory report. If you have had a positive saliva test, do not plead to anything until we have reviewed the police report.

If the checkpoint followed an accident, my guide to hiring a car accident lawyer in Alicante explains how criminal liability and the civil claims of the injured are coordinated.

07What to do on the night of the checkpoint

The first hour shapes the rest of the case. These are the guidelines I give my clients in Alicante, whether on the Explanada on a Saturday night or at a checkpoint on the A-7 leaving Benidorm:

1. Be polite to the officers. Arguing only risks adding an offence of resisting or disobeying, and everything you say goes into the report.
2. Blow twice and insist on the 10 minutes between tests. Note the reading each time.
3. Ask about the calibration certificate of the breathalyser and its date. It must appear in the report.
4. Consider asking for a blood test if you believe the reading does not reflect what you drank. It is your right, although you pay for it if it confirms the result.
5. Do not sign anything without reading it. You can sign the form marking "no conforme" (I do not agree) and adding any remarks you wish.
6. Do not make a statement about the facts beyond identifying yourself. You have the right to remain silent and to a lawyer from the first moment; detention, if any, cannot exceed 72 hours.

And even if you are allowed to leave, do not drive again that night: it would be a new offence.

08A criminal record for drink driving and how to have it removed

A conviction under article 379 CP, even by guilty plea and even if it is only a fine, creates a criminal record (antecedentes penales). That affects public sector jobs, firearms licences, residency and nationality applications and, if you test positive again, the sentence in the second case.

Removal periods (article 136 CP)

Records are cancelled once the sentence has been served and a period without reoffending has elapsed, ranging from 6 months to 10 years depending on the seriousness. In a typical drink driving case with a fine or community service the period is usually 6 months from the moment the sentence is fully served, including the driving ban. An important detail: the clock starts from full completion, not from the judgment, so a long ban delays the removal.

Removal is not automatic: it is requested from the Central Register of Convicted Persons (Registro Central de Penados) at the Ministry of Justice, proving that the sentence has been served. My article on removing a Spanish criminal record (in Spanish) sets out the procedure and the documents step by step.

Criminal records and immigration status

If you are applying for Spanish nationality, renewing a residence permit or handling any immigration procedure, a live record can bring the file to a halt.

09Tourists and foreign residents: what is different in your case

At the summer checkpoints in Playa de San Juan or Torrevieja the driver who tests positive often does not speak Spanish. The procedure is the same, but some points are worth knowing:

• Interpreter: you are entitled to a free interpreter at the statement and the trial. Ask for one expressly; the hearing should not go ahead without one.
• Foreign licence: the driving ban is served in Spain and reported to the DGT. If your licence was issued by another EU country, the sanction is recorded and may have consequences at home under that country's rules.
• Leaving the country: the fast-track trial usually allows the matter to be closed by guilty plea at the same appearance, without having to return to Spain.
• Fine: it can be paid in instalments; settle the method of payment before you leave.

My guide on how to choose the best lawyer in Alicante lists what you should demand from any lawyer. And if you would rather talk in person, you can book an appointment at my office at Calle Isabel La Católica 9, in the centre of Alicante.

How a criminal drink driving case proceeds, step by step

1. 1
   Checkpoint and police report

   The officers carry out two breath tests, inform you of your rights and draw up the report with the reading, the symptoms and the calibration of the device.

2. 2
   Summons to the duty court

   Within days you are summoned as a suspect to the duty court in Alicante. Send me the report and the summons so I can prepare the hearing.

3. 3
   Case analysis

   I review the report looking for defects (timing, calibration, symptoms, right to a blood test) and calculate the likely sentence with and without a guilty plea.

4. 4
   Hearing and negotiation

   I speak to the prosecutor before we go in, you give your statement with me at your side and we decide whether to plead with the one-third reduction or go to trial.

5. 5
   Judgment

   With a guilty plea, the duty judge gives judgment on the spot. Without one, the trial is held at the criminal court, normally within weeks, and an appeal is possible.

6. 6
   Serving the sentence

   The licence is handed in, the fine is paid in instalments or the community service is organised with the sentence management service.

7. 7
   Clearing the record

   Once the sentence is fully served and the period in article 136 CP has passed, we apply to the Central Register of Convicted Persons to have the record removed.

Frequently asked questions