Drink-driving
A positive result at a breath-test checkpoint can end up in court. We explain what to expect and stand by you from the very first moment.
What it involves
Testing positive for alcohol or drugs while driving can have very different consequences. Depending on the reading and the circumstances, it may stay as a traffic penalty or become a criminal road safety offence, with a trial and loss of your licence (disqualification from driving). Refusing to take the test can also be a criminal offence.
Is this your case?
- You were stopped at a checkpoint and the breathalyser gave a positive result.
- You have had an accident and were tested for alcohol or drugs.
- The police have given you a summons to a fast-track trial.
- You think the test was not carried out properly or that you were not informed of your rights.
How we help
We study the police report (atestado), how the test was carried out and whether your legal safeguards were respected. We calmly explain your options, assist you at the duty court (juzgado de guardia) and defend you at trial. If you drive for work or hold a foreign licence, we also look at how losing it would affect you. We can help you in Spanish, Arabic, Tamazight, French and English, at our offices in Tenerife, Gran Canaria, Málaga and Barcelona or online, wherever you are in Spain.
A conviction creates a criminal record that can count against your residence or nationality, so we also advise you on criminal record cancellation and the renewal of your residence permit.
Frequently asked questions
- Is drink-driving a fine or a criminal offence?
- It depends mainly on the reading on the breathalyser and on how you were driving. In some cases it is an administrative offence handled by the traffic authority (Tráfico), and in others it is a criminal offence tried in the criminal courts. We review your police report to find out which applies to you.
- What should I do if I have been summoned to a fast-track trial for drink-driving?
- Don't go without getting advice. Before the hearing we review the police report and the evidence, and we decide with you whether it is better to reach an agreement (conformidad) or to defend yourself.
- Does a drink-driving conviction affect my residence papers?
- It can, because it creates a criminal record, and this can be taken into account when you renew your residence or apply for nationality. We explain how it affects you and when the record can be cancelled.
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Tell us about your case.
A first conversation — confidential and without obligation — to understand whether we can help, and how.
We speak Spanish, Arabic, Tamazight (Berber), French and English.