Drink Driving Lawyer in Spain | DUI Defence for Foreign Nationals | Costa Blanca & Valencia

Immediate Legal Defence for Foreign Citizens Facing Drink Driving Charges in Spain

Have you been arrested for drink driving in Spain? Are you facing a fast-track court hearing within 24-72 hours? Do you need urgent legal representation from an English-speaking lawyer?

At Tomas Ballestero Lawyers, we provide immediate criminal defence for foreign nationals charged with drink driving (DUI) offences in Spain. With over 30 years of experience defending international clients in Costa Blanca courts, we ensure your rights are protected from the moment of arrest through to final resolution.

24/7 Emergency Line: +34 607 320 768

What Our Clients Say

72+ Five-Star Reviews on Google

“I highly recommend Tomas for anyone needing legal support in Spain. They guided me expertly through both a property purchase and a divorce, showing deep knowledge of Spanish law, attention to detail, and clear communication throughout. Reliable, efficient, and trustworthy — an excellent choice for expats or locals alike.” — Lisa D., United Kingdom

“Professional and knowledgeable expert. Highly recommended.” — C. Arkesteijn, Netherlands

“A seasoned lawyer with in-depth legal expertise.” — F. Mooij, Netherlands

Understanding Drink Driving Laws in Spain

Spain has strict drink driving laws that apply equally to residents and tourists. Understanding these laws is essential if you are stopped by police.

Legal Blood Alcohol Limits in Spain:

Important: These limits are lower than in the UK (0.8 g/L) and many other countries. Many foreign drivers unknowingly exceed Spanish limits while believing they are under their home country’s threshold.

Penalties for Drink Driving in Spain:

Typical Cases We Handle

Example 1: British Tourist — Routine Traffic Stop

A British tourist was stopped at a routine police checkpoint in Jávea after dinner. His breathalyzer reading was 0.35 mg/L — under the UK limit but over the Spanish limit for standard drivers.

Challenge: He was detained overnight and told he must appear in court the next morning. He spoke no Spanish and had no local contacts.

Our Solution: We attended the police station within 2 hours of his call. We explained the charges, prepared his defence, and accompanied him to the fast-track hearing (juicio rápido). We negotiated a reduced fine and avoided a criminal record. He was able to continue his holiday with a clear understanding of Spanish law.

Example 2: Dutch Resident — High Reading After Accident

A Dutch resident living in Dénia was involved in a minor collision. Police attended and breathalyzed him, recording 0.72 mg/L — well into the criminal threshold.

Challenge: He faced potential imprisonment, a criminal record that could affect his residence status, and a lengthy driving ban. He was self-employed and relied on his vehicle for work.

Our Solution: We gathered evidence of his clean driving record, stable residence, and employment situation. We presented mitigating factors to the court and negotiated a suspended sentence with community service instead of prison time. His driving ban was reduced to the minimum period, and we helped him apply for early licence restoration.

Example 3: German Businessman — Breathalyzer Refusal

A German businessman refused a breathalyzer test after being stopped in Benidorm, believing he had the right to refuse as in some other countries.

Challenge: In Spain, refusing a breathalyzer is a criminal offence carrying the same penalties as a high-range drink driving charge. He faced potential imprisonment and a criminal record.

Our Solution: We explained the Spanish legal position and prepared a defence based on his misunderstanding of the law. We presented evidence that he cooperated once the legal position was clarified and negotiated a significantly reduced penalty. We helped him avoid prison and minimise the impact on his international business activities.

Example 4: Irish Couple — Both Charged After Incident

An Irish couple were both charged after an incident where the husband initially drove but then swapped with his wife when he realised he was over the limit. Both were subsequently tested and both exceeded the limit.

Challenge: Two separate criminal proceedings, potential imprisonment for both, and the risk of one spouse’s actions being used against the other.

Our Solution: We represented both clients, ensuring their defences were coordinated but separate. We negotiated with the prosecution to treat the offences appropriately and achieved suspended sentences for both. Neither served prison time, and they were able to return to Ireland with a clear plan for resolving any outstanding matters.

Example 5: Belgian Student — First Offence, Low Reading

A Belgian exchange student was stopped in Alicante with a reading of 0.28 mg/L — just over the limit for new drivers (under 2 years’ experience).

Challenge: As a young person with limited funds, she was worried about affording legal representation and the impact on her studies and future career.

Our Solution: We provided efficient representation at a controlled cost. We presented her clean record, student status, and the marginally over-limit reading as mitigating factors. The court imposed the minimum fine and a short licence suspension. We helped her understand how to declare the offence if required for future employment or visa applications.

Example 6: American Visitor — Drug-Related DUI

An American visitor tested positive for cannabis metabolites during a roadside drug test, despite not having consumed cannabis for several days.

Challenge: Spain’s drug driving laws detect metabolites that can remain in the system long after impairment has passed. He faced criminal charges despite not being impaired while driving.

Our Solution: We engaged a toxicology expert to explain the difference between metabolite presence and actual impairment. We challenged the prosecution’s case on scientific grounds and negotiated a withdrawal of the most serious charges. He received a reduced penalty that reflected the actual circumstances.

Example 7: French Family — Holiday Ruined by Arrest

A French father was arrested for drink driving while on a family holiday in Calpe. His vehicle was impounded, and he was required to remain in Spain for a court hearing.

Challenge: The family’s holiday was disrupted, their rental car was seized, and they faced significant additional costs for accommodation while waiting for the court date.

Our Solution: We immediately contacted the court to request the earliest possible hearing date. We arranged for the vehicle to be released to the family and handled all legal matters so they could enjoy what remained of their holiday. We represented him at the hearing and achieved a result that allowed the family to return to France on their planned date.

Example 8: Expat Resident — Previous Conviction Abroad

A British expat living in Moraira was stopped for drink driving. He had a previous drink driving conviction in the UK from 10 years earlier.

Challenge: The prosecution sought a harsher penalty based on his previous conviction, arguing he was a repeat offender.

Our Solution: We researched EU law on the recognition of foreign convictions and presented arguments that the historical conviction should not aggravate his sentence. We demonstrated his decade of clean driving and his established life in Spain. The court accepted our arguments and sentenced him as a first-time offender under Spanish law.

Our Drink Driving Defence Services

Emergency Response (24/7)

We provide immediate legal assistance when you are arrested or detained.

• Attendance at police stations throughout Costa Blanca
• Advice during police questioning
• Explanation of your rights in English
• Preparation for fast-track court hearings

Court Representation

We represent you at all court hearings, from fast-track trials to appeals.

• Full preparation of your defence
• Presentation of mitigating factors
• Negotiation with prosecutors
• Representation at trial if required
• Appeals against conviction or sentence

Breathalyzer and Drug Test Challenges

We examine whether police procedures were followed correctly.

• Review of breathalyzer calibration records
• Analysis of test administration procedures
• Challenge of improperly conducted tests
• Expert witness engagement when required

Licence Matters

We help you understand and navigate the consequences for your driving licence.

• Advice on Spanish licence suspension rules
• Assistance with early licence restoration applications
• Guidance for foreign licence holders
• Coordination with authorities in your home country

Mitigation and Sentencing

We present the strongest possible case for reduced penalties.

• Preparation of personal mitigation statements
• Gathering of character references
• Evidence of employment and family circumstances
• Presentation of rehabilitation steps taken

Post-Conviction Support

We continue to assist you after your case concludes.

• Advice on criminal record implications
• Guidance for visa and immigration matters
• Assistance with record expungement where available
• Support for employment and professional licensing issues

Why Choose Tomas Ballestero Lawyers?

The Drink Driving Court Process in Spain

Stage 1: Arrest and Detention

If you fail a breathalyzer test, you may be detained at the police station. You have the right to legal assistance — contact us immediately.

Stage 2: Fast-Track Trial (Juicio Rápido)

For most drink driving offences, you will be brought before a court within 24-72 hours. This is called a “juicio rápido” (fast-track trial). Having a lawyer prepared is essential.

Stage 3: Plea and Negotiation

In many cases, we can negotiate with the prosecutor before or during the hearing to achieve a reduced penalty. Accepting a negotiated plea often results in significantly lower fines and shorter bans.

Stage 4: Sentencing

If you plead guilty or are found guilty, the judge will impose a sentence. We present all mitigating factors to achieve the best possible outcome.

Stage 5: Post-Sentencing

After sentencing, we advise you on payment of fines, serving any licence suspension, and the implications for your record.

Spanish Drink Driving Law — Key Facts

Is drink driving a criminal offence in Spain?

Yes, if your breath alcohol exceeds 0.60 mg/L (or 0.30 mg/L for professional/new drivers), you face criminal charges. Lower readings are administrative offences with fines and points.

What happens if I refuse a breathalyzer test?

Refusing a breathalyzer is a criminal offence in Spain, carrying the same penalties as high-range drink driving. Never refuse the test.

Can I be imprisoned for drink driving?

Yes. Criminal drink driving offences carry potential sentences of 3-6 months imprisonment. However, first-time offenders with lower readings often receive suspended sentences or fines instead.

Will I get a criminal record?

Criminal drink driving convictions result in a Spanish criminal record. This may be shared with other EU countries and could affect visa applications or employment.

What about my driving licence?

Your Spanish or EU driving licence will be suspended. If you hold a non-EU licence, you may face a Spanish driving ban. We advise on the implications for your specific licence.

Can I drive while waiting for my court date?

This depends on the circumstances. In some cases, your licence is suspended immediately upon arrest. We can advise on your specific situation.

Areas We Cover

We provide drink driving defence services throughout Costa Blanca and Valencia:

Costa Blanca North:

• Jávea / Xàbia
• Dénia
• Moraira
• Calpe
• Benissa
• Altea
• Benidorm

Costa Blanca South:

• Alicante
• Torrevieja
• Orihuela Costa
• Santa Pola

Valencia Region:

• Valencia city
• Gandía
• Oliva

We attend police stations and courts throughout these areas, often within hours of your call.

Frequently Asked Questions

I’ve been arrested — what should I do first?

Contact us immediately on our 24/7 emergency line: +34 607 320 768. Do not make any statements to police until you have spoken with a lawyer.

How quickly can you help me?

We can usually attend a police station within 2-3 hours anywhere in Costa Blanca. For court hearings, we prepare your defence as quickly as the court schedule requires.

How much does it cost?

We provide a clear fee quote before taking on your case. Fees depend on the complexity of your situation and whether the case goes to trial. We never charge hidden fees.

I don’t speak Spanish — is that a problem?

No. Our lawyers speak fluent English and can explain everything clearly. We handle all communication with police, prosecutors and courts in Spanish on your behalf.

Will this affect my ability to drive in my home country?

It depends on your country’s rules about recognising foreign convictions. EU countries share some information. We can advise on the specific implications for your situation.

Can I return home before my court date?

In some cases, yes — we can represent you via power of attorney. In other cases, you may be required to remain in Spain or return for the hearing. We advise on what applies to your case.

What if I’m a resident in Spain?

Residents face the same charges as visitors, but different considerations apply regarding licence suspension, criminal record implications, and potential impact on residence status.

I think the breathalyzer was wrong — can I challenge it?

Possibly. We examine whether the equipment was properly calibrated and whether correct procedures were followed. Successful challenges are possible but depend on the specific facts.

Contact Us — 24/7 Emergency Legal Assistance

Have you been arrested for drink driving in Spain? Do you need urgent legal help?

Contact our emergency line now for immediate assistance.

24/7 Emergency Line

+34 607 320 768 (WhatsApp available)

Office Telephone

+34 965 792 946

Email

info@lawyerssolicitorsjavea.com

Our Offices

Jávea (Head Office) Avenida del Pla, 126, 2nd Floor Offices 28 A and 28 B 03730 Xàbia/Jávea, Alicante

Valencia Calle Burriana, 34, 1st Floor Valencia

Tomas Ballestero Lawyers — Over 30 years defending international clients in Spanish courts