Driving without a licence is a crime in three cases under article 384 of the Spanish Criminal Code (Código Penal, CP): if you have never obtained a licence, if you have lost it because you ran out of points, or if a judge has disqualified you from driving. The penalty, at the judge’s discretion, is three to six months in prison, a fine of twelve to twenty-four months or 31 to 90 days of community service. Driving with an expired licence or a foreign licence that is not valid in Spain is usually just an administrative offence.
Being stopped at a checkpoint without a valid licence does not always mean the same thing. Whether driving without a licence is a crime in your particular case depends on why you do not have one. In some cases you will end up in a speedy trial; in others, with a fine from the traffic authority (Tráfico). We explain the difference and what a lawyer for driving without a licence in Alicante does when the matter reaches the courts.
The three cases under article 384
Article 384 of the Criminal Code punishes three different types of conduct with the same penalty:
- Loss of validity due to points. Driving when the licence is no longer valid because all the points have been used up. The traffic authority must declare that loss and notify you of it (article 71 of the Road Safety Act, Ley de Seguridad Vial, LSV). Until you have been notified, it cannot be said that you are driving knowing that your licence is no longer valid, and this is the first thing we check.
- Court-ordered disqualification, provisional or final. Driving after a judge has withdrawn your licence, for example in a drink-driving conviction or as a precautionary measure during the proceedings. If you want to know how long that disqualification lasts, we explain it in how long you lose your licence for drink-driving.
- Never having obtained a licence. Driving a motor vehicle or moped without ever having held a driving licence or permit.
In this last case, the full Criminal Chamber (Sala Segunda) of the Supreme Court made clear in 2017 that it is an offence of abstract danger: you do not need to put anyone at risk or commit any other traffic offence. Driving without ever having obtained a licence is enough. The same ruling excluded from the offence anyone holding a foreign licence, whether from the EU or elsewhere, or an international driving permit.
Penalties for driving without a licence
| Penalty (alternative) | Duration |
|---|---|
| Prison | Three to six months |
| Fine | Twelve to twenty-four months |
| Community service | 31 to 90 days |
The judge imposes one of the three, not all of them. There are some details worth knowing:
- Unlike drink-driving or reckless driving, article 384 does not include disqualification from driving among its penalties.
- The vehicle used is regarded as an instrument of the offence for the purposes of confiscation (article 385 bis), although whether it is confiscated depends on the circumstances of the case.
- A conviction gives you a criminal record, which can be cleared once the legal period has passed. We explain this in how to clear a criminal record.
- A criminal fine is calculated in days, with a daily rate based on your financial means, so the final amount varies greatly from one person to another.
When it is only an administrative offence
Outside those three cases, driving without a valid licence is not a crime but an offence under the Road Safety Act. Article 77 classifies driving without the corresponding licence or permit as very serious “where it does not constitute a crime”, and article 80 sets a fine of 500 euros for very serious offences. According to the Directorate-General for Traffic (Dirección General de Tráfico, DGT):
| Situation | Consequence |
|---|---|
| You have never had a licence | Crime (art. 384 CP) |
| Licence no longer valid due to loss of all points, already notified | Crime (art. 384 CP) |
| Licence withdrawn by a judge | Crime (art. 384 CP) |
| Licence expired because it was not renewed | Serious offence: 200-euro fine |
| Licence from a non-EU country not exchanged after six months of residence | Administrative offence: 200 to 500 euros, depending on whether it can be exchanged or not |
| Licence that does not cover the class of vehicle | Very serious offence under art. 77 LSV, if it is not a crime |
Important: if you have lost your points in Spain and drive on a foreign licence to get around that loss, the situation changes. The Supreme Court has stated that you cannot hold two licences at the same time, and the DGT links that situation to the offence under article 384. If this applies to you, consult us before driving again.
If you have a foreign licence
Licences issued by other European Union Member States are valid in Spain. Those from non-EU countries are valid if they follow one of the models in the international conventions, are in Spanish or accompanied by an official translation, or are recognised under an agreement, provided that they are in force and you are the age required in Spain (article 21 of the General Driver Regulations, Reglamento General de Conductores).
The key limit is time: those licences cease to be valid six months after you become normally resident in Spain. From then on you must exchange it for a Spanish licence, if there is an agreement with your country (article 22), or obtain a Spanish licence. If you are a foreign national and also have an open criminal case, we can advise you through our criminal lawyer for foreign nationals service.
Speedy trial and plea agreement
Road traffic offences are expressly included in the speedy trial procedure (article 795 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal, LECrim). Normally the police will summon you to appear before the duty court within a few days, with your lawyer.
There you can accept the prosecutor’s charges in a plea agreement (conformidad). A plea agreement at the duty court reduces the requested penalty by one third (article 801): if the prosecutor asks for a twelve-month fine, the sentence would be eight months. Before accepting, it is necessary to check whether the case is really a crime, whether you were notified of the loss of validity and whether there are defects in the police report. We explain this in what a plea agreement in a speedy trial involves and support you through our speedy trial lawyer in Alicante service.
Driving without a licence in Alicante
In the city, the Local Police (Policía Local) and the National Police (Policía Nacional) usually deal with these cases, and on the roads, the Guardia Civil traffic unit. If you are summoned to a speedy trial in the Alicante judicial district, you will appear before the Investigating Section on duty; according to the Generalitat Valenciana directory, the Duty Court is at Avenida de Aguilera, 53. If the events took place in another municipality, the court of that judicial district has jurisdiction.
At our firm we review the police report and your traffic record before the trial, check the notification of the loss of points and assess whether a plea agreement or going to trial is the better option. Many of our clients are foreign residents with licences from their own country: our team will assist you in your language.
Every case is different. If you would like a criminal defence lawyer in Alicante to look at yours, Celeste Pérez Bleda’s team can also assist you in your own language.
Frequently asked questions
What happens if I am caught driving without a licence for the first time?
If you have never had one, it is a crime even if it is the first time: article 384 does not require repeat offending or that you cause any danger. The usual outcome is a speedy trial in which the judge imposes three to six months in prison, a fine of twelve to twenty-four months or 31 to 90 days of community service. With a plea agreement, the requested penalty is reduced by one third.
Is it a crime to drive with an expired licence?
No. If you had a licence and simply did not renew it in time, it is an administrative offence, which the DGT punishes as serious with a 200-euro fine. The offence under article 384 is reserved for those who never obtained a licence, those who lost it through points and those disqualified by a court. Renew it as soon as possible to avoid further penalties.
Can I drive in Spain with my own country’s licence?
If it is from a European Union country, yes. If it is from another country, you can drive with it if it meets the requirements of the General Driver Regulations, but only during the six months after you become normally resident in Spain. After that you will have to exchange it, if there is an agreement, or obtain a Spanish licence.
Can my car be taken away for driving without a licence?
Article 385 bis of the Criminal Code regards the vehicle as an instrument of the offence for the purposes of confiscation, so the law allows it. Whether it is ordered depends on the circumstances, such as repeat offending or who owns the car. In practice, you will not be allowed to drive the car away: someone else with a valid licence will have to collect it.
Will I have a criminal record?
Yes, if you are convicted of the offence under article 384, even with a fine or community service and even if you accept a plea agreement. A criminal record can be cleared once the legal period has passed without reoffending and the sentence has been served. If it is an administrative offence, it does not give you a criminal record.
If you have been summoned to a speedy trial for driving without a licence, or you are not sure whether your case is a crime or just a fine, we review your documents before you sign anything. You will find all the information on our defence for driving without a licence page, and you can message us on WhatsApp at 607 449 491, 24 hours a day: we will reply straight away. Our team will assist you in English.
Legal basis and sources
- Criminal Code (arts. 384 and 385 bis)
- Act on Traffic, Motor Vehicles and Road Safety (arts. 71, 77 and 80)
- General Driver Regulations (arts. 15, 21 and 22)
- Criminal Procedure Act (arts. 795 and 801)
- CGPJ: the Supreme Court rules that driving without ever having obtained a licence is a crime
- DGT: Without your papers in order
- Generalitat Valenciana: Alicante Duty Court
