Drink Driving Defence in Marbella
Marbella and Puerto Banús are among Spain's most active nightlife destinations, and the Guardia Civil and Policía Local conduct regular alcohol checkpoints (controles de alcoholemia) on the AP-7 motorway, the N-340 and roads throughout the Costa del Sol. A positive breathalyser or blood test can quickly escalate from a roadside stop to a criminal charge under Article 379 of the Spanish Penal Code.
If you have been stopped and tested — or are facing a drink driving prosecution in Marbella — our specialist road traffic lawyer provides expert English-speaking defence at every stage, from the initial charge to trial at the Juzgado de lo Penal.
Breathalyser positive in Marbella? Do not make any admission and call our lawyer immediately at +34 604 54 52 81. What you say — and how the test was conducted — can make the difference between conviction and acquittal.
Road Traffic Offences We Defend in Marbella
- Drink driving (conducción bajo la influencia del alcohol) — Articles 379.1 and 379.2 Penal Code
- Driving over the criminal alcohol limit — above 0.60 g/L blood or 0.25 mg/L breath
- Drug driving (conducción bajo la influencia de drogas) — cocaine, cannabis, MDMA detected by roadside saliva test
- Refusal to take breathalyser or blood test — Article 383
- Dangerous driving (conducción temeraria) — Article 380
- Racing or excessive speed — Article 379.1
- Drink driving causing injury or death — Articles 142 and 152
- Driving whilst disqualified — Article 384
- No valid driving licence in Spain
Alcohol Limits for Driving in Spain
| Driver Category | Blood (g/L) | Breath (mg/L) | Sanction Type |
|---|---|---|---|
| General (licence 2+ years) | 0.50 | 0.25 | Administrative fine |
| General (criminal threshold) | 0.60 | 0.30 | Criminal offence |
| New drivers (<2 years) | 0.30 | 0.15 | Administrative fine |
| Professional / HGV drivers | 0.30 | 0.15 | Administrative fine |
Penalties for Drink Driving in Spain
| Offence | Imprisonment | Fine | Driving Ban |
|---|---|---|---|
| Exceeding criminal alcohol threshold | 3–6 months or community service | 6–12 months' salary | 1–4 years |
| Refusing breathalyser test | 6 months – 1 year | – | 1–4 years |
| Dangerous driving | 6 months – 2 years | – | 1–6 years |
| Racing / extreme speed | 3–6 months | 6–12 months | 1–4 years |
| DUI causing serious injury | 1–4 years | – | Up to 6 years |
| Driving whilst disqualified | 3–18 months | – | Extended ban |
How We Challenge Drink Driving Charges in Marbella
Breathalyser Calibration and Maintenance
All breathalyser devices (etilómetros) used by the Guardia Civil and Policía Local must be officially approved, regularly calibrated and properly maintained. We request full calibration records and challenge any test conducted with a device outside its certification period.
Testing Procedure Errors
Spanish law requires that two breath tests are administered at least 10 minutes apart, that the subject has not eaten, smoked or regurgitated in the 15 minutes prior to testing, and that the officer follows exact protocol. Any deviation can be grounds for challenge.
The Rising Blood Alcohol Defence
Blood alcohol continues to rise for up to 90 minutes after your last drink. If you were stopped shortly after stopping drinking, your blood alcohol at the time of driving may have been below the legal limit even though it was above the limit when tested. We instruct forensic pharmacologists to demonstrate this where applicable.
Drug Driving False Positives
Roadside saliva tests for drug driving are notoriously prone to false positives, particularly for cannabis. A positive roadside test does not automatically prove impairment. We challenge both the reliability of the test and the prosecution's evidence of actual impairment at the time of driving.
Mouth Alcohol Contamination
Recent use of mouthwash, certain medications or dental work can cause mouth alcohol readings to appear higher than true blood alcohol. We explore all such factors when reviewing your case.
Drink Driving and Your UK or Foreign Driving Licence
A Spanish driving ban can affect your ability to drive in your home country. Our lawyer advises British, Irish and other European nationals on the cross-border implications of a Spanish driving disqualification and works to minimise the impact on your foreign licence.
Areas Served — Drink Driving Defence
- Marbella — AP-7, N-340, A-7 and local roads
- Puerto Banús and San Pedro de Alcántara
- Estepona and Manilva
- Fuengirola and Mijas
- Málaga and Torremolinos