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Road rules, police checks and finesArticle 3 of 9 · 5 min read

Alcohol and drug limits and roadside tests

Explains Spain's alcohol and drug limits for drivers, how roadside breath and saliva tests work, and what fines, points, prison and driving bans you face. For anyone who will drive in Spain, including new licence holders and professional drivers.

Key rules

  • Drugs: There is no safe amount of cannabis, cocaine, amphetamines, MDMA or opiates when you drive.
  • Novice drivers: Your first two years with a licence count as the novice period, with the lower limit.
  • Refusal: Refusing a breath or drug test is a crime, with prison and a driving ban.
  • Challenging a result: You can ask for a blood test after a positive breath result, at your own cost.
  • Crime threshold: Above 0.60 mg/l in breath, drink-driving is a crime rather than a fine.

The limits

Most drivers may not exceed 0.25 mg/l in breath (0.5 g/l in blood). Novice and professional drivers may not exceed 0.15 mg/l in breath (0.3 g/l in blood).

"Novice" means the first two years after you get your licence. "Professional" covers people driving goods, passenger or emergency vehicles, and drivers of heavy or passenger vehicles while they work.

Drugs are different: there is no safe amount. Any trace of cannabis (THC), cocaine, amphetamines, MDMA or opiates is an offence, whatever the quantity. The police do not need to show you were impaired.

How roadside tests work

Breath test. An agent can ask any driver to take one. It is compulsory after an accident or after any traffic infraction. If the first result is positive, you take a second test with an approved device after at least 10 minutes.

Blood test. If you want to challenge the result, you can ask for a blood test. You pay for it.

Drug test. An agent takes a saliva swab at the roadside. A positive result is then confirmed in a laboratory.

Refusing. Refusing a test is a crime, not a fine. See the penalties below.

Penalties for alcohol

For most drivers, fines depend on your breath reading:

  • Between 0.25 and 0.50 mg/l: a 500 euro fine and 4 points.
  • Above 0.50 mg/l: a 1,000 euro fine and 6 points.

For novice and professional drivers:

  • Over 0.15 mg/l: 500 euros and 4 points.
  • Over 0.30 mg/l: 1,000 euros and 6 points.

Drink-driving becomes a crime above 0.60 mg/l in breath or 1.2 g/l in blood. It can also be a crime at lower levels if the police show your driving was impaired. The penalty is prison of 3 to 6 months, or a fine, or community work of 31 to 90 days. You also lose the right to drive for 1 to 4 years.

Penalties for drugs

The fine for driving with any listed drug in your body is 1,000 euros and 6 points. If the drug clearly impaired your driving, it can also be a crime, with the same criminal penalties as for alcohol.

Penalties for refusing a test

You face prison of 6 months to 1 year and a driving ban of 1 to 4 years. Refusing is never a way to avoid a worse result.

Medicines

Prescribed medicines are not punished under the zero-tolerance rule. But if a medicine impairs your driving, you can still commit an offence. Carry your prescription. Look for the driving-warning pictogram on the packaging, and do not drive if it applies and you feel affected.

The checklist and timeline below set out the steps in order, and the warnings and FAQ cover common mistakes.

Timeline and deadlines

  • Take the roadside breath test when an agent asks, which is compulsory after an accident or an infraction: at the roadside, when asked

  • Request a blood test at your own cost if you want to challenge the result: after the second breath test

  • Face prison of 3 to 6 months, or a fine, or community work of 31 to 90 days, for a criminal alcohol offence: if convicted

  • Lose the right to drive for 1 to 4 years after a criminal alcohol offence: if convicted

  • Face prison of 6 months to 1 year and a driving ban of 1 to 4 years for refusing a test: if you refuse a test

Checklist

  • Carry the prescription for any medicine you take before you drive.

  • Look for the driving-warning pictogram on the packaging of your medicine.

  • Avoid driving after any cannabis, cocaine, amphetamines, MDMA or opiates, whatever the quantity.

  • Take the roadside breath test when an agent asks.

  • Ask for a blood test at your own cost if you want to challenge a positive breath result.

  • Take the saliva swab at the roadside if an agent asks for a drug test.

What to watch out for

  • Refusing a test is a crime: Refusing a breath or drug test is a crime, punished with 6 months to 1 year in prison and a driving ban of 1 to 4 years. Always take the test when an agent asks, and ask for a blood test afterwards if you disagree with the result.

  • Any trace of drugs is punished: Any trace of cannabis, cocaine, amphetamines, MDMA or opiates costs 1,000 euros and 6 points, even if you feel fine. Do not drive after taking any of these drugs, whatever the quantity.

  • Alcohol fines depend on your breath reading: Between 0.25 and 0.50 mg/l in breath costs 500 euros and 4 points. Above 0.50 mg/l costs 1,000 euros and 6 points. Novice and professional drivers pay 500 euros and 4 points over 0.15 mg/l, and 1,000 euros and 6 points over 0.30 mg/l. If you are a novice or professional driver, do not drink at all before driving.

  • High readings lead to prison: Above 0.60 mg/l in breath, or if alcohol or drugs impair your driving, you risk 3 to 6 months in prison, or a fine, or 31 to 90 days of community work, plus a driving ban of 1 to 4 years. Do not drive after drinking. Use a taxi or a designated driver.

Frequently asked questions

Can I ask for a blood test after a positive breath test?

Yes, you can request a counter-analysis, which is a blood test, at your own cost after a positive breath test. The agents first repeat the breath test with an approved device after at least 10 minutes. Ask for the blood test straight away at the roadside.

Can I drive if I take prescribed medicine?

Yes, prescribed medicines are not penalised under the zero-tolerance drug rule, but you can still be punished if the medicine impairs your driving. Carry the prescription with you.

How long is the novice driver period with the lower alcohol limit?

The novice period is the first 2 years after you obtain your licence. During that time the lower limit of 0.15 mg/l in breath applies to you. Professional drivers have the same lower limit while driving.

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