Road rules, police checks and finesArticle 5 of 9 · 5 min read
Police checks and when your licence or car is taken
What to do when police stop you in Spain, what you must show, and which situations lead to your car being immobilised or your licence being withdrawn. For anyone driving in Spain, whether a visitor or a new resident.
Key rules
- No Spanish address: If you have no address in Spain, you must pay the fine on the spot or leave a deposit equal to it, or the car can be immobilised.
- Alcohol and drug tests: Refusing a test is a criminal offence, not just a fine.
- Insurance and ITV: Driving without valid insurance or a required ITV can get your car immobilised.
- Points: Losing all your points means losing the right to drive in Spain.
Who can stop you, and what you must do
The Guardia Civil patrols interurban roads, and its Traffic Group handles most of them. Municipal police work inside towns. Some regions have their own police with traffic powers: Ertzaintza, Mossos d'Esquadra and Policía Foral de Navarra.
Stop when an agent tells you to. Show your papers and take an alcohol or drug test if asked. The documents list below shows exactly what to carry.
Refusing a test is a crime, not just a fine. It can mean prison or a fine, plus losing your licence for a period. Ignoring an agent's orders is also punishable.
What triggers immobilisation or removal
An agent can immobilise your car, or have it towed, in these cases:
- It is a danger or obstruction, or seriously illegally parked.
- You have no valid compulsory insurance.
- Your ITV is not valid where the law requires it.
- You test positive for alcohol or drugs, or you refuse the test.
- You have no valid licence.
- The car has defects or is not authorised to be on the road.
- You have no address in Spain and do not pay or deposit a fine on the spot.
You get the car back once the cause is fixed and you have paid the costs. Fixing it means, for example, buying insurance or passing the ITV.
If you have no address in Spain
You must pay the fine on the spot or leave a deposit equal to it, or the car can be immobilised. Paying immediately gets a 50% reduction. Ask for a receipt. You can still contest the fine after leaving a deposit.
When your licence is withdrawn
Your licence can be suspended or withdrawn in these cases:
- A criminal court disqualifies you.
- You lose all your points.
- You commit a serious offence, such as heavy drink or drug driving.
- You lose the physical or mental fitness to drive.
A foreign licence has no points balance on the card, but Spain records your offences. If a final sanction would take away all your points, you lose the right to drive in Spain and must wait before getting it back.
If you exchange to a Spanish licence, you enter the Spanish points system. Ordinary drivers start with 8 points.
Documents you need
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Your driving licence. A foreign licence must be valid in Spain, with an international permit if your licence needs one.
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The vehicle registration certificate (permiso de circulación).
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The vehicle inspection card (ficha técnica) showing the car's ITV, Spain's roadworthiness test.
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Proof that your insurance is paid. Spanish insurance is checked electronically; a foreign-registered vehicle should carry the green card or the policy document.
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Photo ID: an ID card or passport, or your residence card (TIE) if you live in Spain.
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A reflective vest and warning triangles, kept inside the vehicle.
Checklist
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Stop as soon as an agent orders you to, and stay calm and cooperative.
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Show your licence, the vehicle registration certificate, the inspection card and proof of insurance.
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Show your ID card, passport or residence card (TIE) when asked.
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Take the alcohol or drug test if the agent asks for one.
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Check before every trip that your insurance is valid and your ITV is up to date, so the car is not immobilised.
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Keep the reflective vest and warning triangles in the vehicle.
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If you have no address in Spain and are fined, ask for the receipt after you pay or leave the deposit.
What to watch out for
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Refusing a test is a crime: Refusing an alcohol or drug test is a criminal offence. It can mean prison or fines plus losing your right to drive, and disobeying an agent is punishable too. Stop when ordered and take any test the agent asks for.
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Your car can be immobilised or removed: Agents can immobilise or remove a car with no valid insurance, no valid licence, a failed or refused alcohol or drug test, a missing or expired ITV in cases set by law, serious defects, or dangerous or seriously illegal parking. Keep insurance and ITV valid and carry your licence.
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No Spanish address means paying on the spot: If you have no address in Spain, you must pay the fine on the spot or leave a deposit equal to it, or the car can be immobilised. Paying straight away gets the 50% reduction. Keep a payment method with you, take the receipt, and contest the fine afterwards if you disagree.
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Losing all your points means losing the right to drive: A foreign licence has no points, but Spain records your offences. A final sanction that would cost all your points stops you driving in Spain until the waiting period ends. Avoid repeat offences and ask the traffic authority how many you have on record.
Frequently asked questions
Which police can stop me while driving in Spain?
Guardia Civil, municipal police and some regional police can all stop you.
Can I refuse an alcohol or drug test at a police check?
No, refusing a test is a crime that can mean prison or fines plus losing your right to drive. Disobeying an agent's order to stop is also punishable, and the car can be immobilised.
Do points come off my foreign licence if I am fined in Spain?
No, a foreign licence has no points balance, but Spain still records your offences. If a final sanction would cost all your points, you lose the right to drive in Spain for a set period. If you swap to a Spanish licence, you start with 8 points as an ordinary driver.
Do I get my car back after it is immobilised?
Yes, the car is released once the cause is fixed and you have paid the costs. For example, you must show valid insurance or a valid licence, or pay or deposit the fine if you have no Spanish address.
More in Road rules, police checks and fines
- Spanish road rules that differ from your home country
- Speed limits and speed cameras in Spain
- Alcohol and drug limits and roadside tests
- Phones, seat belts and child seats: what Spain requires
- How Spanish traffic fines arrive, get discounted and are paid
- Contesting a fine or naming the driver
- Fines on foreign plates, rental cars and after you leave
- Driving in snow, fog, floods, fires and holiday traffic
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