Road Safety Offenses

Facing accusations related to road safety offenses can be stressful and overwhelming, especially when your driving privileges, professional reputation, or even your freedom may be at stake. Whether the allegation involves speeding, driving under the influence, reckless driving, or refusal to take a breathalyzer test, the consequences under Spanish criminal law can be severe. 

At Chabaneix Abogados, we provide experienced, strategic, and compassionate defense for individuals facing road safety–related criminal charges. Our team understands how these situations impact not only your legal record, but also your personal life, job, and peace of mind. We are here to guide you every step of the way with clarity and confidence. 

Understanding road safety offenses under Spanish criminal law

Spanish law classifies several actions behind the wheel as criminal offenses when they pose a substantial risk to public safety. These offenses are regulated under Articles 379 to 384 of the Spanish Criminal Code, and each carries its own penalties, including fines, loss of driving privileges, community service, or imprisonment. 

Below are the most common road safety offenses we defend: 

Excessive speeding – Article 379.1 

Driving significantly above the legal speed limit can constitute a criminal offense. This is especially true when the speed noticeably exceeds statutory thresholds or creates substantial danger on the road. 

Possible penalties include: 

• Fines 
• Loss of driving license points 
• Suspension of your right to drive 
• In serious cases, imprisonment 

Driving under the influence of alcohol or drugs – Article 379.2 

Driving while impaired by alcohol or drugs is treated as a serious offense when it affects the driver’s physical or mental capacities. 

Penalties may include: 

• Fines 
• Temporary withdrawal of driving privileges 
• In cases of high blood alcohol levels, substance influence, or repeat offending: imprisonment 

Reckless driving – Article 380 

Reckless driving (conduccióntemeraria) refers to conduct that creates an immediate and serious risk to others. 

Penalties may include imprisonment, fines, and temporary loss of driving rights. 

Driving with manifest disregard for human life – Article 381 

This offense applies when a driver’s behavior shows an extreme disregard for the safety and lives of others, beyond general recklessness. 

Penalties often include: 

• Imprisonment 
• Fines 
• License withdrawal

Road safety offenses resulting in injury – Article 382 

If the above conduct results in injury to others, penalties increase significantly, potentially leading to higher prison sentences and longer license suspensions. 

Refusal to undergo alcohol or drug testing – Article 383 

Refusing to submit to legally required tests is itself a criminal offense, regardless of whether the driver was impaired. 

Penalties can include: 

• Imprisonment 
• Fines 
• License suspension 

Driving without a valid license – Article 384 

Driving without a valid driver’s license, including driving after disqualification or without ever obtaining one—is a crime. 

Penalties can range from fines to imprisonment, depending on the circumstances. 

Because these offenses can escalate quickly and affect your criminal record, your employment, and your daily life, securing early legal representation is essential. 

How Chabaneix Abogados can help you

At Chabaneix Abogados, we understand that a road safety accusation does not define you. Many of our clients are responsible drivers who made a mistake, experienced a misunderstanding, or were unfairly accused. Our defense strategy is built around your unique circumstances. 

1. Immediate legal protection 

We advise you from the first moment, during police questioning, administrative proceedings, or court appearances. Speaking without legal guidance can compromise your defense, so early intervention is key. 

2. Thorough case analysis 

We examine: 

• The legality of police actions 
• Calibration and accuracy of testing devices 
• Witness credibility 
• Road conditions 
• Video or dash-cam evidence 
• Whether the conduct meets the criminal threshold 

This allows us to challenge the prosecution’s version of events and protect your rights. 

3. Defense tailored to your situation 

Every case is different. We adapt our strategy to your profile, the facts of the incident, and your personal priorities, whether it’s avoiding prison time, preserving your driving license, or minimizing reputational damage. 

4. Negotiation and litigation 

We are skilled negotiators who can pursue reduced penalties, alternative measures, or even case dismissal when legal irregularities exist. If a trial is necessary, we defend you with professionalism and determination. 

Why choose Chabaneix Abogados

When facing road safety offenses, choosing the right legal representation can make a profound difference in the outcome of your case. 

Our clients trust us because: 

• We are experts in Spanish criminal law, with extensive experience defending road safety cases. 
• We prioritize discretion and respect, you will always feel supported and heard. 
• We provide clear guidance, helping you understand your options and next steps. 
• We fight for practical solutions that safeguard your freedom, your reputation, and your future. 
• We act quickly and strategically, especially in cases where license suspension or imprisonment is possible. 

At Chabaneix Abogados, you’re not just another case, you’re a person going through a difficult moment who deserves empathy, clarity, and strong legal defense. 

Schedule a confidential consultation today

If you’re being investigated or have been charged with a road safety offense, don’t wait. The earlier you involve a defense lawyer, the more options you have to protect yourself. 

• Schedule a confidential consultation today 
• 100% private and judgment-free discussions 
• Available for urgent cases, in-person or online 

Let us help you regain control of the situation with professionalism, discretion, and unwavering support. 

Frequently asked questions

Are road safety offenses always criminal?

No. Some traffic violations are administrative. They become criminal when they reach the thresholds defined in the Spanish Criminal Code (Articles 379–384).

Can I avoid license suspension?

Depending on the case, yes. With strong legal defense, suspensions may be reduced or avoided through negotiation or evidentiary challenges.

What should I do if the police ask me to take a breathalyzer test?

Comply. Refusal is a criminal offense under Article 383. Contact a lawyer immediately after the incident.

Can road safety charges be dropped?

Yes. Charges may be dismissed if evidence is insufficient, improperly collected, or if the conduct doesn’t meet the criminal threshold.

Do road safety offenses result in a criminal record?

Convictions do, but not all investigations lead to conviction. Early legal representation greatly improves the chances of avoiding a criminal record.