A drink-driving offence in Spain can be stressful and confusing for foreign drivers, especially if you do not speak Spanish or do not understand the Spanish criminal system.
We provide English-speaking criminal legal assistance for tourists, expats and foreign residents involved in drink-driving cases in Spain, with a special focus on Málaga, Marbella and the Costa del Sol.
What happens after a drink-driving offence in Spain?
Depending on the alcohol level, the circumstances of the case and whether there has been an accident or other incident, drink-driving in Spain may lead to criminal proceedings.
In some cases, the matter may be handled quickly through a fast-track criminal procedure. This can involve a court summons, a possible fine, driving disqualification and a criminal record.
Is drink-driving always a criminal offence in Spain?
Not every alcohol-related traffic matter is necessarily the same. Some cases may be administrative, while others may be treated as criminal offences.
The specific consequences depend on the facts of the case, the alcohol test result, the police report and any additional circumstances, such as an accident, refusal to take a test, injuries or previous incidents.
Common concerns for foreign drivers
- Do I have to attend court in Spain?
- Can I leave Spain before the court date?
- Will I lose my driving licence?
- Will I receive a criminal record?
- Can this affect my Spanish residency?
- What happens if I live outside Spain?
- Do I need a Spanish criminal lawyer?
- Can the procedure be explained to me in English?
Documents that may be relevant
If you have been involved in a drink-driving matter in Spain, it is useful to send any document you have received, such as:
- Police report
- Breathalyser test result
- Court summons
- Traffic fine
- Accident report
- Notification from the court
- Any document signed at the police station
- Passport or ID copy, if needed for identification
Criminal records and immigration consequences
For foreign nationals, a drink-driving conviction in Spain may have consequences beyond the fine or driving ban.
A criminal record may affect residence renewals, visa applications, Spanish nationality applications or other immigration procedures. This is especially important for foreign residents or applicants with ongoing immigration matters.
How we can help?
We can review the available documents, explain the Spanish criminal process in English, assess the possible consequences and advise on the next legal steps.
Where court attendance or in-person representation is required, this will depend on the location, timing and specific circumstances of the case.