How long is the driving ban for drink-driving in Spain? Table by reading

How long you will be banned from driving for drink-driving is the first thing you ask after a positive breath test, and the answer depends on the breathalyser reading and on what the officers record. We explain it with a table by bands, using the rules in force in 2026, and tell you how to shorten the ban.

The maximum limits you must not exceed in 2026

Article 20 of the General Traffic Regulations (Reglamento General de Circulación) sets the limits still in force in October 2026:

• Drivers in general: 0.5 grams per litre in blood or 0.25 milligrams per litre in exhaled breath.
• Novice drivers (for the two years after obtaining their licence) and professional drivers (lorries over 3,500 kg, buses with more than nine seats, public service vehicles, school and child transport, dangerous goods, emergency vehicles and special transport): 0.3 g/l in blood or 0.15 mg/l in breath.
• Under-18s driving (for example, a moped): zero limit, under article 14.1 of the Road Safety Act (Ley de Seguridad Vial).

Table: fine, points or driving ban by reading

Figures from the Road Safety Act (Royal Legislative Decree 6/2015, article 80 and Annex II) and the Criminal Code (article 379.2). Readings in exhaled breath, which is what the breathalyser measures.

If you pay within twenty calendar days of notification, the fine is reduced by 50% (article 94 of the Road Safety Act), but you lose the points and give up the right to contest it. After a positive test, officers can also immobilise the vehicle (article 104).

When drink-driving is a criminal offence

Article 379.2 of the Criminal Code punishes anyone who drives “under the influence” of alcoholic drinks and adds that, in any event, there is an offence if the reading exceeds 0.60 mg/l in breath or 1.2 g/l in blood. Therefore:

• Above 0.60 mg/l there is an offence even if you were driving well.
• Below that figure there can also be an offence if the police report records signs of impairment (slurred speech, smell of alcohol, unsteadiness, erratic driving), especially if there has been an accident. Those signs must be proven.

Refusing to take the test is a separate offence, under article 383, carrying six months to one year in prison and the same ban of more than one and up to four years. We explain it in what happens if you refuse a breath test. If there is a criminal conviction, the traffic fine is dropped (article 85 of the Road Safety Act).

The one-third reduction for a plea agreement

Road traffic offences can be tried through the speedy trial procedure (juicio rápido, article 795 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal). If you admit the facts before the duty court (juzgado de guardia) and accept the sentence sought by the prosecutor, article 801 of the Criminal Procedure Act requires the sentence to be reduced by one third, even if it ends up below the legal minimum. The reduction applies to every penalty, including the driving ban.

Note the 3-year row: with the reduction the ban drops to exactly 2 years and your licence does not lose its validity, because article 47 of the Criminal Code only imposes that when the ban exceeds two years. We explain the advantages and risks of accepting in the article on the drink-driving speedy trial in Alicante and on our page for a speedy trial lawyer.

How you get your licence back afterwards

If you lost points (administrative route)

You get your full balance back if two years pass without any new penalties involving loss of points (article 65.1). You can also recover up to 6 points with a road safety awareness and re-education course of up to 15 hours, once every two years (every year if you are a professional driver). If you reach zero points, the Traffic Department (Tráfico) declares that your licence has lost its validity and you cannot obtain another for six months (three if you are a professional); afterwards you must complete a course of up to 30 hours and pass the test (article 71).

If you were convicted of a criminal offence

• Ban of 2 years or less: once you have served it, to drive again you only need to prove that you have passed the re-education and road safety awareness course (article 73.2 of the Road Safety Act).
• Ban of more than 2 years: your licence loses its validity (article 47 of the Criminal Code). When the sentence ends you must complete the course and pass the tests set by the regulations again. The new licence keeps its category and seniority, but you start with 8 points (article 73.1).

While the ban lasts, driving is a new offence: article 384 of the Criminal Code punishes anyone who drives after being banned by a court. If you find yourself in that situation, see our page on driving without a licence or while banned.

What happens if you reoffend

• Administrative: if you were already penalised for alcohol in the previous year, the fine rises to €1,000 even if the reading is low (article 80.2.a of the Road Safety Act).
• Criminal: a previous uncleared conviction for a road safety offence of the same kind triggers the aggravating circumstance of reoffending (article 22.8.ª of the Criminal Code) and makes it harder to suspend a prison sentence, which as a rule requires it to be a first offence (article 80.2).

The conviction creates a criminal record, which can be cleared within the periods in article 136 of the Criminal Code. We can help with this on our criminal records page.

Drink-driving and your licence in Alicante

If the reading is an administrative offence, the penalty is imposed by the Town Hall (Ayuntamiento) when it happens in an urban area and by the Alicante Provincial Traffic Department (Jefatura Provincial de Tráfico) on interurban roads (article 84 of the Road Safety Act).

If it is a criminal offence, you will normally be summoned to the duty court within a few days; if there was an accident with injuries, you may be arrested, and then it is worth knowing your rights if you are arrested. Since 31 December 2025, under Organic Act 1/2025, the former Alicante courts operate as Sections of the Court of First Instance (Tribunal de Instancia): the speedy trial starts at the Investigating Section (Sección de Instrucción) on duty and, if there is no plea agreement, the trial is held at the Criminal Section (Sección de lo Penal). You can see how they are organised in our guide to the criminal courts in Alicante.

Before the duty court hearing we review the police report: the breathalyser’s calibration certificate, whether there were two readings at least 10 minutes apart (article 23 of the General Traffic Regulations), whether you were offered a confirmatory test and what signs of impairment are described. With that, we decide with you whether to accept a plea agreement or go to trial. Our team will assist you in English.

Frequently asked questions

Is my licence taken away on the spot if I test positive?

For an administrative offence your licence is not taken away: you are reported, fined and lose points once the penalty is final. What officers can do is immobilise the vehicle until another qualified person can drive it. If the reading is criminal, the officers draw up a police report and it is the judge who decides on the driving ban, normally in the judgment of the speedy trial.

How long a ban for blowing 0.70 at a checkpoint?

At 0.70 mg/l in breath there is an offence under article 379.2 of the Criminal Code, because 0.60 is exceeded. The ban ranges from one year and one day to four years, and the judge sets it according to the reading, any signs of impairment and your record. If you accept a plea agreement at the duty court, the sentence sought by the prosecutor is reduced by one third, including the driving ban.

Can I drive while I wait for the speedy trial?

Generally yes, because the ban is a penalty and is only served once there is a final judgment. Even so, article 764.4 of the Criminal Procedure Act allows the judge to seize the licence as an interim measure and order you not to drive while the proceedings last. Ask your lawyer what has been ordered in your case before getting back behind the wheel, because driving while banned is an offence.

Does the awareness course get my licence back sooner?

It does not shorten the sentence. In criminal cases the course is a requirement to drive again once you have served the ban: the course is enough if the ban was two years or less, and you must also retake the test if it was longer. In administrative cases it does help you recover up to six points before the two years without penalties have passed.

If you have been summoned to court for drink-driving, tell us about your case as soon as possible. Our team will assist you in English. We support you from the police report to the very end through our service as a drink-driving lawyer in Alicante. You can call us or send a WhatsApp message to 607 449 491, 24 hours a day.