Limits by type of driver
| Driver type | Breath (mg/l) | Blood (g/l) | Article |
|---|---|---|---|
| General drivers and cyclists | 0.25 | 0.5 | RGC, art. 20 |
| Professional categories in the articleGoods vehicles with MMA over 3,500 kg; passenger vehicles with more than 9 seats; public service, school and minors transport, dangerous goods, emergency services or special transport. | 0.15 | 0.3 | RGC, art. 20 |
| Any driver in the first two years | 0.15 | 0.3 | RGC, art. 20 |
Cyclists have the general limit: the article expressly names bicycle riders (conductores de bicicletas). RGC, art. 20.
Novice drivers: the first two years
During the 2 years after obtaining a driving permit or licence, any driver has a limit of 0.15 mg/l in breath and 0.3 g/l in blood. For holders of a driving licence (licencia de conducción), its age counts only for vehicles that licence authorises them to drive (art. 20, third paragraph). RGC, art. 20.
Who must take a breath test
Every driver of a vehicle or bicycle must take the tests; other road users must also do so when involved in an accident. RGC, art. 21.
Officers may require a test in these circumstances:
- Any road user directly involved as potentially responsible for an accident. RGC, art. 21.a.
- Drivers showing obvious symptoms of alcohol consumption. RGC, art. 21.b.
- Drivers reported for an offence under the Regulation. RGC, art. 21.c.
- Drivers stopped at preventive checks ordered by the authority. RGC, art. 21.d.
The test is normally carried out on exhaled air using an officially authorised breathalyser (etilómetro). At the driver's request or by court order, a confirmatory test may use blood, urine or a similar analysis. RGC, art. 22.1.
Fines and points
Exceeding the regulatory rates is a very serious administrative offence when it is not a crime. Ley de Tráfico, art. 77.c; anexo II.
| Circumstance | Administrative fine | Points | Article |
|---|---|---|---|
| General: over 0.25 up to and including 0.50 mg/l; professionals and novices: over 0.15 up to and including 0.30 mg/l. | €500 / €1,000 (subject to the conditions below) | 4 | Ley de Tráfico, art. 77.c; anexo II; Ley de Tráfico, annex II; Ley de Tráfico, art. 80.1 y 80.2.a |
| General: over 0.50 mg/l; professionals and novices: over 0.30 mg/l. | €1,000 | 6 | Ley de Tráfico, art. 77.c; anexo II; Ley de Tráfico, annex II; Ley de Tráfico, art. 80.1 y 80.2.a |
| Refusing alcohol or drug tests | €1,000 | 6 | Ley de Tráfico, art. 77.d, 80.2.a; anexo II; Ley de Tráfico, annex II; Ley de Tráfico, art. 80.1 y 80.2.a |
The general fine for very serious offences is €500. The exception sets €1,000 for offences under arts. 77.c and 77.d; for alcohol, only when the driver was already sanctioned for exceeding the rate in the immediately preceding year, or drives at more than double the permitted rate. Exceeding the limit does not automatically mean €1,000. Ley de Tráfico, art. 80.1 y 80.2.a.
When it becomes a crime
Driving under the influence of alcohol is a crime; this applies in every case above 0.60 mg/l in breath or 1.2 g/l in blood. Art. 379.2: 3 to 6 months in prison or a fine of 6 to 12 months or 31 to 90 days of community work; and, in every case, loss of the right to drive for more than 1 and up to 4 years. Código Penal, art. 379.2.
Refusing alcohol or drug tests is a very serious administrative offence: €1,000 and 6 points (arts. 77.d, 80.2.a; anexo II). Refusing tests required by an officer also constitutes the crime in Penal Code art. 383: 6 months to 1 year in prison and loss of the right to drive for more than 1 and up to 4 years. Ley de Tráfico, art. 77.d, 80.2.a; anexo II; Código Penal, art. 383.
Frequently asked questions
- What is the legal alcohol limit for driving in Spain?
- General drivers: 0.25 mg/l in exhaled air (0.5 g/l in blood). Drivers with less than two years' licence and professionals: 0.15 mg/l in breath (0.3 g/l in blood). Above 0.60 mg/l in breath it is a crime. RGC, art. 20; Código Penal, art. 379.2.
- What is the limit for new drivers?
- During the 2 years after obtaining a driving permit or licence, any driver has a limit of 0.15 mg/l in breath and 0.3 g/l in blood. For holders of a driving licence (licencia de conducción), its age counts only for vehicles that licence authorises them to drive (art. 20, third paragraph).
- What is the limit for lorry drivers?
- Goods vehicles with a maximum authorised mass (MMA) over 3,500 kg have a limit of 0.15 mg/l in breath and 0.3 g/l in blood. A van up to 3,500 kg uses the general rate of 0.25 mg/l and 0.5 g/l, unless its driver is a novice or the vehicle is used in one of the special categories in RGC art. 20.
- How many points do you lose for drink-driving?
- 4 points: General: over 0.25 up to and including 0.50 mg/l; professionals and novices: over 0.15 up to and including 0.30 mg/l. 6 points: General: over 0.50 mg/l; professionals and novices: over 0.30 mg/l. Annex II of the Road Traffic Act.
- What happens if you refuse a breath test?
- Refusing alcohol or drug tests is a very serious administrative offence: €1,000 and 6 points (arts. 77.d, 80.2.a; anexo II). Refusing tests required by an officer also constitutes the crime in Penal Code art. 383: 6 months to 1 year in prison and loss of the right to drive for more than 1 and up to 4 years.
- At what level is drink-driving a crime?
- Driving under the influence of alcohol is a crime; this applies in every case above 0.60 mg/l in breath or 1.2 g/l in blood. Art. 379.2: 3 to 6 months in prison or a fine of 6 to 12 months or 31 to 90 days of community work; and, in every case, loss of the right to drive for more than 1 and up to 4 years.
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