VISITORS TO SPAIN from the UK, and other parts of Europe, might be surprised by the frequent ‘trafico’ (traffic police) controls on roundabouts and motorway slip roads. These roving patrols don’t just check if your car has valid ITV and insurance – they also detect motorists driving under the influence of alcohol and drugs, and they are very proactive in their role.
Sometimes, motorists who are unaware of the rules have a nasty surprise during a police spot check. In many cases, this could be avoided by informing yourself of the drink and drug driving regulations in Spain. This is better than blithely thinking they’re the same as in your home country, or somehow don’t apply to you.
That’s not to say the rules are harsher than the UK, where drink and drug driving generally leads to an automatic 12 month driving ban.
Accident-aware Spain
As with many other countries, Spain is keen to reduce the number of road traffic accidents caused by drivers who aren’t ‘fresh’. In 2022, there were 59,461 convictions for driving under the influence of alcohol and/or drugs – up on figures from previous years.
Of 451 deceased drivers, 72.6% with positive results had a very high blood alcohol concentration of over 1.2mg/l (meaning they were completely drunk). In 2022, 51.9% of drivers who had an autopsy with toxicological analysis tested positive for alcohol and drugs – 2.5% more than in 2021.
Alcohol consumption is present in 14% of traffic accident victims and in 29% with fatalities.
This has led – in short – to a crackdown by the DGT (Director General Trafico), enforced by the police.
Here in Spain, motorists start with 12 points on their driving license. Theis can increase over the years to 15 – for no offences – but can also be deducted for any infractions you commit. Once you have no points, your license is suspended, and you’re banned from the wheel.
Drink driving rules
Spain’s drink and drug driving rules fall under the ‘Ley de Seguridad Vial’ (Road Safety Law) and the ‘Reglamento General de Circulación’ (General Traffic Regulations). Brits should note that Spain has a lower drink driving limit than the UK.
In Spanish law, the legal blood alcohol concentration (BAC) limit for drivers is 0.5 grams per litre (g/L) or 0.05%. This equates to 0.25 milligrams of alcohol breathed into a roadside breath test.
For novice drivers – with less than two years’ experience, or those aged under 21 – the legal BAC limit is lower, at 0.3 grams per litre (g/L) or 0.03%.
Professional drivers – for example of commercial vehicles, buses, and trucks – are also subject to the lower limit. This means, basically don’t drink any alcohol while driving your commercial vehicle.
The normal limit of 0.25mg/l equates roughly to one small beer or wine for women and two for men. Men have a lower blood alcohol consumption (BAC) after drinking alcohol, in general – one reason being that their livers are larger and more efficient at clearing the toxins. Women produce smaller quantities of an enzyme called alcohol dehydrogenase (ADH), which is released in the liver and breaks down alcohol in the body.
Penalties for driving under the influence of alcohol include fines, license suspension, and imprisonment – depending on the severity of the crime and whether it’s a first or repeat offence. Refusing to take a breathalyser test can also result in a penalty fine or your license being withdrawn.
If your BAC is over 0.25mg/l and under 0.50mg/l, the fine is 500e and 4 points. For concentrations over 0.50mg/l, you’ll receive 1,000e and 6 points. Re-offences will cause the loss of 1,000e and 4 or 6 points.
The only safe limit is 0.0mg because – as we know here in rural Spain – if you don’t start drinking ‘una cerveza’ or ‘un vino’, nobody can invite you to another round of ‘lo mismo’. Stick to the ‘0% alcohol’ options, such as ‘sin’ beer or ‘mosto’.
Drug driving – not just what you consumed today!
Spanish laws for drug driving are particularly harsh and take many unsuspecting motorists by surprise – especially those who are not under the influence at the time of driving. Controversially, unlike the ‘unas cervezas’ you drank yesterday being ‘no problema’, the drugs don’t have to be actively impairing you to bring the sword of Damocles down on your wallet and driving license.
At spot checkpoints, it is increasingly common for the Guardia Civil Traficos (and sometimes Policia Nacional) to conduct roadside saliva tests to detect the presence of prohibited substances – sometimes called ‘estupificantes’ (an apt name!). The driver must rub a swab around their mouth, and under their tongue. This detects various substances, including cannabis, cocaine, amphetamines, and opiates.
If the saliva test comes up positive for drugs in the driver’s system, further testing – including of blood or urine – may confirm the results. However, this isn’t always the case, and the saliva test may sometimes be used on its own to set the penalty.
Detecting old drugs
A key point for drug users (even those who enjoy an occasional smoke!), is that the tests will detect the presence of drugs in your system, even if they were consumed days ago. Yes, even if they aren’t impairing your ability to drive during the test! The police consider this offence to be “driving with drugs found in the ‘organismo humano’ (human body)”, and it is considered serious. Remember that drugs such as cocaine can show positive at 72 hours after consumption.
With drug driving offences, the severity of the penalty depends on the actual substances detected, the blood concentration, and whether it’s a first or repeat offence. Clearly, if the driver caused any accident or injuries, the crime is considered much more ‘grave’ (severe).
A Guardia Civil told us: “It is up to the ‘juez’ (judge) to decide how serious the offence is and how many points to send, based on the results of the roadside test. The traffic officers do sometimes make the motorist do a further blood test.”
Big fines, points deducted…
A first offence usually brings a penalty fine of 1,000e, and six points deducted from the driving license. For more serious offences, license suspensions are possible.
Penalties for repeat drug driving offences may include higher fines, longer license suspensions, and potential imprisonment. Additionally, more points may be deducted from the license, and any existing suspension may be extended.
South of Granada knows of a motorist who lost his driving license because of incurring two sets of six points, each caused by having traces of cannabis in his system. This driver already had three points before the first offence, leaving very little margin for error.
Penalties might also be higher if more than one ‘estupificante’ is identified in the saliva test. This should be noted by ‘poly drug users’ – meaning those who like to combine more than one substance simultaneously, especially at parties and raves, where the police favour setting up drug tests at entrance and exit routes.
Can you have a false positive?
Some police drug tests may produce false positive results caused by reactions with other substances. For example, certain medications – both prescription and over the counter – can trigger false positives. Try to inform the police of any medications you’ve taken before the test, including Ibuprofen and even CBD containing traces of THC.
If you think you’ve received a false positive, or disagree with the outcome of a roadside control, you can mount a legal challenge through the proper channels. It’s important to know your rights and seek help from an ‘abogado’ (lawyer) specialising in traffic offences.
You’ll need to provide supporting evidence, such as doctor’s prescriptions for any medicines you’re taking and caused an issue, or your own laboratory blood tests to refute the initial results.
An ex-Policia Local from the Granada region advises: “If you believe the result of a drug test is incorrect, always head straight to a private medical centre where you can pay for a blood test. Do it immediately after the control. You can present this evidence to the judge, through a lawyer, to support your case. However, if you don’t have the independent test the same day, the result will be invalid. If you wait to mount a challenge, there’ll be very little you can do.”
Lucy Hayes Logan of the Tus Alpujarras advice agency says: “When a complaint is received (from the police), it is essential not to dismiss it. You have 10 days to present allegations. I’d recommend a lawyer to advise you on the situation, whether the legal costs will outweigh the fine, and if you have a case to contest the fine.”
Overall, the laws surrounding drug driving in Spain are strict and there’s some argument to suggest that six points and a 1,000e fine for a ‘porro’ smoked a few days ago is harsh, especially as there is little evidence to suggest that cannabis causes poor driving coordination. However, drug users must weigh up this risk if they are also motorists!
Restore some points on your driving license
If you do have points taken from your license, you can apply for a remedial driving course to recuperate a few. This is offered as an option by the DGT to drivers who commit certain traffic offences, including driving under the influence of alcohol or drugs, speeding, or reckless driving.
The courses include: Alcohol and Drug Awareness, Defensive Driving, Speed Awareness and Driver Improvement. They are available in bigger cities, including Motril. They generally cost around 220e and take 12 hours.
The number of points that can be recuperated by attending remedial driving courses vary depending on the circumstances and the recommendations of the authorities. It’s likely that you can regain six points.
If you have lost all your points, however, you must do a more complex 24-hour course at the Provincial Traffic Headquarters, costing 350-400e. A full rundown of these options is available on N332.
Overall, it is important to remember the rules of the Spanish roads, not drive when impaired, and never be caught in breach of the ‘seguridad vial’.
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