Drink-driving speedy trial in Alicante: what happens after a positive test

If you have been summoned to a drink-driving speedy trial in Alicante, you probably have a piece of paper from the police with a date on it and plenty of questions: whether it is a criminal offence or just a fine, what happens to your licence, whether you will have a criminal record. We explain it step by step, with the articles that actually apply, so that you arrive at court knowing what is at stake.

When it is a criminal offence and when an administrative one

Article 379.2 of the Criminal Code punishes two types of conduct. The first is objective: driving with more than 0.60 milligrams of alcohol per litre of exhaled breath or more than 1.2 grams per litre in blood. Above that figure there is an offence even if you were driving normally. The second is driving under the influence of alcohol or drugs: there is no fixed figure, and the prosecution has to prove that your ability was impaired (signs of impairment, the way you were driving, an accident).

If you exceed the permitted limit without reaching 0.60 mg/l and there are no signs of impairment, it is a traffic offence, not a crime:

The €1,000 fine also applies if you were already penalised for alcohol in the previous year (art. 80.2 of the Road Safety Act, Ley de Seguridad Vial). Professional and novice drivers have their own points bands (Annex II).

Penalties for the drink-driving offence

The judge chooses one of the three main penalties and, in addition, always imposes a driving ban:

A criminal fine is set in days, with a daily rate of €2 to €400 depending on your financial situation (art. 50 CP). Community service requires your consent (art. 49 CP). In addition, the judge can reduce the prison sentence by one degree given the lower level of risk (art. 385 ter), and if there are injuries or a death, the more serious offence is punished in the upper half of its range, with compensation (art. 382).

What happens after a positive test

1. Second test. The officer must carry out a second test, tell you that at least 10 minutes must pass between the two and inform you of your right to a confirmatory analysis (arts. 22 and 23 RGC).
2. Police report. The procedure followed and the breathalyser data are recorded (art. 24 RGC). The car may be immobilised if no qualified person can drive it (art. 25 RGC).
3. Summons. If you are not arrested, the police summon you to the duty court on a specific day and time and inform you of your right to attend with a lawyer; if you do not choose one, a duty lawyer is appointed (art. 796 LECrim).
4. Urgent proceedings. The court obtains your criminal record, takes your statement and decides whether the speedy trial goes ahead (arts. 797 and 798 LECrim).
5. Charges. The prosecutor brings charges there and then. You can accept the plea agreement or defend yourself; in that case the trial is listed before the Criminal Section (Sección de lo Penal) within the following fifteen days (art. 800 LECrim).

The plea agreement: a one-third reduction

With a plea agreement, the judge gives judgment on the spot, imposing the sentence sought by the prosecutor reduced by one third, even if it ends up below the legal minimum (art. 801 LECrim). That also affects the driving ban, which may end up below one year. Among other requirements, there must be no private prosecutor and the prison term sought, once reduced, must not exceed two years.

Accepting means a final conviction, so it is wise to review the police report first. We go into detail in what accepting a plea agreement in a speedy trial involves. If you refused the test, read the penalty for refusing a breath test.

What happens to your driving licence

• Ban of two years or less: to drive again you must pass a road safety awareness and re-education course (art. 73.2 of the Road Safety Act).
• Ban of more than two years: your licence loses its validity (art. 47 CP). Once the sentence has been served, you can obtain one of the same category and seniority, after the course and the tests, with 8 points (art. 73.1 of that Act).

Driving while banned is another offence (art. 384 CP), which we cover in driving without a licence or while banned.

Criminal record and prison

A drink-driving conviction, including one by plea agreement, creates a criminal record. It is cleared if you go without reoffending for the periods in article 136 CP: two years for sentences not exceeding twelve months and three years for other less serious sentences under three years, from when the sentence is extinguished. We can help with this through our service for clearing criminal records.

If you are sentenced to imprisonment and it is your first offence, the judge can suspend it if it does not exceed two years (art. 80 CP); with a plea agreement, this is decided at the same hearing (art. 801.2 LECrim).

Blood tests and the errors we check for

You can ask for a confirmatory test, preferably a blood test. If it is positive you pay for it; if it is negative, your deposit is refunded (art. 14.5 of the Road Safety Act, LSV, and art. 23.4 RGC). In the police report we check:

• That the breathalyser’s periodic verification, which is annual, is in date (Annex XIII of Order ICT/155/2020).
• The printout. Under that Order, a test cycle consists of two valid readings and the lower one counts; if they differ by more than 0.060 mg/l or 15%, the cycle is “not valid”. We check which requirements apply to your device.
• The maximum permissible errors, which the Order sets by reference to OIML Recommendation R 126. If your result is close to 0.60 mg/l, this margin can be decisive.
• The 10 minutes between tests, the information given about the confirmatory test and the signs of impairment described.

The drink-driving speedy trial in Alicante

Following Organic Act 1/2025, the former investigating courts are the Investigating Section of the Court of First Instance (Sección de Instrucción del Tribunal de Instancia). The speedy trial is handled by the duty court of the judicial district where the events took place: Alicante, Elche, Benidorm, Torrevieja, Orihuela, Dénia and the rest of the province. According to the Generalitat Valenciana’s directory, the Alicante Duty Court is at Avenida de Aguilera, 53, and the Elche Duty Court at Calle Abogados de Atocha, 21. The other locations are in our guide to the criminal courts in Alicante; the address that counts is the one on your summons.

If you are a foreign resident or a tourist and do not speak Spanish, you have the right to an interpreter at every stage (art. 123 LECrim), and our team will assist you in English. Celeste Pérez Bleda has more than 20 years’ experience in criminal law and has assisted more than 800 detainees. If you have been arrested, read what to do if you are arrested.

We work before the summons date: we request the police report, check the printout and the breathalyser’s verification and tell you clearly whether a plea agreement or a trial is the better option. More information on our page for a speedy trial lawyer in Alicante.

Frequently asked questions

Will I go to prison for a positive breath test?

Prison is only one of the three possible penalties; the judge can impose a fine or community service instead (art. 379 CP). If a prison sentence is imposed and it is your first offence, it can be suspended if it does not exceed two years (art. 80 CP). What is always imposed is a driving ban of more than one and up to four years, which a plea agreement reduces by one third.

How long does a drink-driving speedy trial take?

The police set the summons date in coordination with the duty court, so it is usually a few days after the checkpoint. If you accept the plea agreement, judgment is given that same day. If there is no agreement, the trial before the Criminal Section is listed for the earliest possible date and, in any event, within the following fifteen days (art. 800 LECrim).

Can I keep driving until the trial?

Normally yes, unless the judge orders, as an interim measure, that your licence be seized and that you must not drive (art. 764.4 LECrim). After conviction you cannot drive for the period set, and doing so is another offence (art. 384 CP). If the ban exceeds two years, your licence also loses its validity and you will have to obtain it again.

Should I accept the plea agreement?

It depends on the evidence. A plea agreement reduces the sentence by one third and closes the case on the spot, but it is a final conviction with a criminal record. If the breathalyser was not verified, the printout is defective or your reading is very close to 0.60 mg/l, there may be scope to defend yourself. That is why a lawyer should review the police report before you decide.

What happens if I am a foreign national and do not speak Spanish?

You have the same rights as any suspect and, in addition, the right to an interpreter at every stage, including your conversation with your lawyer before giving a statement (art. 123 LECrim). Do not sign anything you do not understand. A driving ban prevents you from driving in Spain even if your licence is foreign.

If you are facing a drink-driving speedy trial in Alicante, tell us about your case before the date on your summons. We review your police report and tell you frankly what your options are. Our team will assist you in English. Call us on 607 449 491 (24 hours, also on WhatsApp) or visit our page for a drink-driving lawyer in Alicante.