What are the consequences of a driving under the influence offense?

Driving under the influence of alcohol in Spain can lead to administrative sanctions or become a criminal offence depending on the blood alcohol level and the circumstances. If you have been stopped at a breathalyser checkpoint in Murcia or have received a summons for a fast-track trial, knowing the legal consequences and acting with professional advice is key to minimising damage.

When is it a crime and when is it an administrative sanction?

Administrative thresholds (DGT)

• General drivers: from 0.25 mg/l in exhaled air (0.50 g/l in blood) there is an administrative sanction.
• Professional and novice drivers: from 0.15 mg/l in exhaled air (0.30 g/l in blood) there is an administrative sanction.
• Common fines: €500 and loss of 4 points; €1,000 and loss of 6 points if the level is high or there is recidivism.

Crime of driving under the influence (art. 379.2 *Código Penal* (Criminal Code))

• A crime exists if:
  • Driving under the influence of alcoholic beverages, or
  • Exceeding, in any case, 0.60 mg/l in exhaled air or 1.2 g/l in blood, without the need to prove influence.

Criminal consequences of the crime of driving under the influence

Article 379.2 of the *Código Penal* (Criminal Code) establishes that the convicted person faces one of these main penalties, at the discretion of the Court:

• Imprisonment of 3 to 6 months, or
• Fine of 6 to 12 months, or
• Community service of 31 to 90 days.

And, in any case, a mandatory accessory penalty:

• Deprivation of the right to drive for 1 to 4 years.

Other related behaviours are also crimes:

• Refusing breathalyser or drug tests (art. 383 *CP*): imprisonment of 6 to 12 months and withdrawal of the driving licence for 1 to 4 years.
• Reckless driving (art. 380 *CP*) and aggravated cases with specific danger (art. 381 *CP*), with higher penalties.
• Driving without a licence due to loss of validity or after withdrawal (art. 384 *CP*): independent crime.

Criminal records and cancellation

A conviction for driving under the influence generates a criminal record. It can be cancelled if you do not reoffend and the legal period has elapsed since the completion of the penalty. As a guideline:

• If the imposed penalty does not exceed 12 months (for example, a fine of 6-12 months and withdrawal for 1 year): the period is usually 2 years.
• If it includes deprivation of the right to drive for more than 12 months (for example, 2-4 years): the usual period is 3 years.

The calculation and exact period depend on the most severe penalty imposed and the personal situation. An individual review of the file is advisable to request cancellation as soon as possible.

Additional practical consequences

• Immediate withdrawal of the vehicle and intervention of the licence: common precautionary measures.
• Insurance and civil liability: the insurer may exercise the right of recourse against the convicted driver, claiming what was paid to third parties.
• Labour aspects: loss of licence may affect the job position if driving is required.
• Recidivism: may aggravate the penal and administrative response.

How is it processed? Summary trial and defence options

Alcohol-related offences are usually processed through a summary trial. After the report, it is possible to reach an agreement with a one-third reduction of the penalty if there is an agreement with the Public Prosecutor's Office, which in many cases allows for the avoidance of actual imprisonment by opting for a fine or community service and limiting the time of licence withdrawal.

Relevant defence aspects:

• Control of the evidence: calibration of the breathalyser, double measurement and guarantee of times; possibility of blood analysis.
• Existence or absence of external signs of influence if the rate is below 0.60 mg/l.
• Proportionality of the penalty for licence withdrawal according to personal and professional circumstances.
• Suspension or substitution of the prison sentence when appropriate.

Frequently asked questions

Will I always lose my licence?

Yes. In convictions under *art. 379.2 CP* (Penal Code), the withdrawal of the licence for 1 to 4 years is mandatory. The specific range is determined by the Court based on the facts and your circumstances.

Can I avoid imprisonment?

In many cases, yes. The Court may impose a fine or community service instead of imprisonment. Additionally, short prison sentences may be suspended if you meet legal requirements.

What if I refused to blow?

The refusal is an autonomous offence (*art. 383 CP*) with penalties higher than those of *art. 379.2* and also involves the withdrawal of the licence. Immediate legal assistance is crucial.

What is the difference between an administrative sanction and a crime?

Administrative sanctions apply from 0.25 mg/l (0.15 mg/l for professionals and novices) and involve fines and points. It is a crime if there is appreciable influence or, in any case, if you exceed 0.60 mg/l in exhaled air or 1.2 g/l in blood.

What to do if you are accused of an alcohol-related offence in Murcia

• Do not make statements without a lawyer. You have the right to legal assistance from the very first moment.
• Request a second test and keep receipts; consider blood analysis.
• Gather relevant documentation: medical, work, and family history that may help mitigate the penalty.
• Contact a law firm specialised in criminal law and traffic accidents to assess the feasibility of a favourable agreement or defence in court.

GVC Lawyers: criminal defence and traffic accidents in Murcia

At García Valcárcel & Cáceres (GVC Abogados), located at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia, we have decades of experience in Criminal Law, Civil Liability, Insurance, and Traffic Accidents. Our team combines criminal lawyers and civil liability specialists to comprehensively address your case: defence in quick trials, negotiation with the Public Prosecutor's Office, determination of the most favourable penalty, and claims or defence against insurers.

If a driving under the influence incident has resulted in injuries or death, complex criminal and civil avenues open up, also impacting inheritances and family matters. Our multidisciplinary team in Murcia can assist you with:

• Criminal defence for driving under the influence, refusal to undergo tests, and reckless driving.
• Claims for personal and material damages, and dealings with insurers.
• Advice on inheritances and successions when there are fatalities in an accident.
• Support in family law if the withdrawal of the driving licence affects employment, custody, or pensions.

Why choose us in Murcia

• Experience and results: over 25 years in key areas such as medical negligence, civil and criminal liability.
• Technical and human approach: feasibility analysis, evidence gathering, and close support.
• Multidisciplinary team: legal experts and specialists to strengthen your defence.
• Commitment to values: clarity, honesty, and quality in every case.

Looking for lawyers in Murcia? We can help

If you are facing a driving under the influence charge or need advice on criminal law, traffic accidents, family law, or inheritances, contact GVC Abogados in Murcia. We will analyse your situation and devise the best possible strategy to protect your rights and your future.