DUI Charges: Drunk Driving After Christmas Dinner

Every year, during the Christmas campaign, breathalyzer controls increase dramatically, and with them the risks of criminal charges. In 2024, crimes against road safety — primarily for driving under the influence of alcohol or drugs — continue to account for the majority of convictions: of the approximately 95,000 convictions in Spain for crimes against road safety, around 47,000 corresponded to drivers under the influence of alcohol or drugs.

Have you tested positive after a company dinner or Christmas gathering and now find yourself charged with drunk driving? Are you worried that you might be convicted even if no one saw you driving? This article is designed for you.

What is the drunk driving offense and where is it regulated?

The drunk driving offense is established in article 379.2 of the Spanish Criminal Code, within crimes against road safety.

It is committed when:

• Driving with a blood alcohol level exceeding 0.60 mg/l in exhaled air (or 1.2 g/l in blood), even without external symptoms.

• Or when driving under the influence of alcohol, even if the level is lower, if impaired driving ability is proven

What are the consequences of driving under the influence of alcohol and exceeding the permitted rate in the Criminal Code?

Once you have been criminally charged for a drunk driving offense, the consequences go far beyond taking a breathalyzer test and showing a high rate. You are facing a criminal proceeding, with everything that entails: trial, criminal record and possible imprisonment.

Penalties for drunk driving offense

The judge may impose one of these main penalties, depending on your profile, whether you have a criminal record or not, and the severity of the case:

• Imprisonment from 3 to 6 months, or
• Fine from 6 to 12 months (based on your daily income), or
• Community service from 31 to 90 days

And, in addition, the following will always be imposed:

• Suspension of driving license between 1 and 4 years

⚠️ If the license suspension exceeds 2 years, you must retake the test and complete a mandatory course to be able to drive again.

Does a conviction for drunk driving offense result in a criminal record?

Yes. Any criminal conviction for drunk driving generates a criminal record, except:

• If an acquittal is achieved, or
• If the judge orders the suspension of the sentence (possible if it is your first offense and the imposed sentence is less than two years)

These criminal records can affect you professionally, limit your access to certain jobs, civil service positions or immigration permits, and complicate your life if you have another criminal problem in the future.

How can a conviction for driving under the influence of alcohol be avoided?

Even if you have been charged with a drunk driving offense, all is not lost. In many cases, courts acquit the driver when the required legal requirements are not met. Below we show you some real situations in which judges have issued acquittal verdicts:

Being inside the car is not enough

A young man was intercepted at dawn, asleep in the driver’s seat with the engine running. The officers deduced that he had arrived by driving and attempted to charge him with drunk driving. However, the Provincial Court of Barcelona considered that there was not a single direct proof of driving. The location of the car, correctly parked and without signs of recent driving, together with the lack of witnesses, was sufficient to issue the acquittal.

Police testimony is not always sufficient

In another case, a patrol found a man in the vicinity of his car, which was stopped on a shoulder. The driver tested positive, but the officers never saw him behind the wheel nor were there traces of recent circulation. The Provincial Court of Madrid concluded that it was not possible to base the conviction solely on the assumption that he had been driving. Without objective evidence, reasonable doubt prevailed.

Simply consuming alcohol does not imply impaired driving

A woman was tried in Girona after taking a breathalyzer test showing a rate below 0.60 mg/l, but officers indicated she had bright eyes and slurred speech. At trial it was proven that she committed no violation, that she stopped the vehicle correctly at the checkpoint, and that the described symptoms were gener