Calculate your reading
Answer these questions and find out at once whether your reading is a traffic fine or a crime, with the price of the consultation if you need a lawyer. The calculation runs in your browser: the figure you enter is never sent or stored anywhere, which is why you are only asked for choices and a number, never the story of your case.
For guidance only, calculated from objective legal thresholds (article 379.2 of the Criminal Code and article 20 of the General Traffic Regulations, explained in more detail in the full guide): it does not replace a lawyer's review of your case or of the police report. Blood thresholds are set by law at exactly double the breath ones (0.25↔0.50 · 0.15↔0.30 · 0.60↔1.20 mg/l↔g/l), and that is the conversion used here.
What a drink-driving offence actually is
Driving with a high blood alcohol reading is not a traffic offence: it is a crime, and the Criminal Code covers it in two separate articles that are worth telling apart. Article 379.2 punishes, with a prison term of three to six months, or a fine and community service, and a driving ban of one to four years, anyone who drives above 0.60 milligrams per litre of breath or 1.2 grams per litre of blood, or under the influence of alcohol regardless of the breathalyser reading.
Below that reading, between 0.25 and 0.60 mg/l, driving is only an administrative offence (a fine and lost points, with a lower threshold, 0.15 mg/l, for newly qualified and professional drivers). The exception that gets argued most in court: if there are clear signs of being "under the influence" of alcohol, it is a crime even if the reading falls short of the criminal threshold.
Article 383 punishes, with an equal or harsher sentence, refusing to take the legally required tests.
The clock: what happens, and when
These are the five real stages of the process, in general terms and without going into your specific case. The first one, what gets written down at the roadside, is the one that matters most later on.
Frequently asked questions
What blood alcohol reading counts as a crime in Spain?
It is a crime to exceed 0.60 milligrams per litre of breath, or 1.2 grams per litre of blood (article 379.2 of the Criminal Code), regardless of how long the driver has held their licence.
What happens if I refuse the test?
Refusing the test is a separate crime under article 383 of the Criminal Code, carrying a minimum sentence of six months in prison: higher than the sentence for article 379.2. It does not get you out of anything.
Is the limit the same for a newly qualified driver?
Not for the administrative fine: a newly qualified or professional driver is fined from 0.15 mg/l of breath instead of 0.25 mg/l. The criminal threshold, 0.60 mg/l, is the same for everyone.
How much does the first consultation cost?
€150, VAT included, with the Criminal Law department. See fees and consultations.
Keep reading
Have you been summoned for a drink-driving offence?
The sooner we see the police report and the breathalyser's calibration certificate, the more options are on the table. The fee is published on our fees page.