Criminal Traffic Offenses

Regulation of traffic offenses in the penal code

Traffic offenses are regulated in articles 379 to 385 ter of the Spanish penal code. They are criminal offenses designed to protect traffic safety as a collective legal interest and, indirectly, the life and physical integrity of individuals. These provisions apply exclusively to conduct committed while operating motor vehicles on public roads.

Types of traffic offenses covered by the penal code

The penal code outlines various types of traffic offenses intended to safeguard life and road safety. The main types are:

1. Driving under the influence of alcohol or drugs

Article 379.2 of the penal code establishes the offense of driving under the influence of alcoholic beverages, toxic drugs, or narcotics. The law sets objective blood alcohol limits that create a legal presumption of influence. Influence may also be proven through external evidence (such as police reports or witness testimony).

2. Refusal to undergo drug or alcohol testing

Article 383 punishes the refusal to take alcohol or drug tests when ordered by law enforcement. This offense carries prison time and a driving ban. For it to apply, the order must be clear and the refusal explicit.

3. Excessive speeding as a criminal offense

According to article 379.1 of the penal code, it is a criminal offense to drive at a speed exceeding the limit by more than 60 km/h in urban areas or 80 km/h on interurban roads. Although lower speed violations are administrative offenses, exceeding these thresholds may lead to criminal charges.

4. Reckless driving

Reckless driving, regulated by article 380, involves a blatant violation of traffic rules that creates a specific danger to others. It is a concrete endangerment offense and requires real risk, even if no harm occurs.

5. Reckless driving with disregard for human life

Article 381 defines an aggravated form of reckless driving when the offender shows clear disregard for others’ lives. Penalties increase depending on the degree of danger or the damage caused.

6. Driving without a valid license or permit

Article 384 penalizes driving without a valid license—whether due to expiration, judicial suspension, or never having obtained one. These circumstances qualify as a traffic offense if the legal requirements are met.

7. Intentional endangerment of road safety

Article 385 punishes the deliberate endangerment of road safety by placing obstacles, spilling dangerous substances, or tampering with road signs. These actions are considered criminal offenses because they create an objective risk on public roads.

8. Hit-and-run offense

Article 382 bis addresses the offense of leaving the scene of an accident, applicable when a driver involved in an accident with victims leaves the scene without justification. This behavior is punishable even if the accident was unintentional.

9. Failure to render aid

Articles 195 and 196 regulate the offense of failing to render aid. It applies when a driver does not assist a person in grave danger, provided that doing so poses no risk to the driver or others.

Criminal penalties for traffic offenses

The penalties provided in the penal code for traffic offenses include:

• Imprisonment (from 3 months to 5 years)

• Criminal fines proportional to the severity of the offense

• Community service

• Disqualification from driving motor vehicles (from 1 to 10 years)

The court may apply lesser penalties if the risk involved is considered minor.

Legal defense in traffic offense cases

The assistance of a criminal defense lawyer specialized in traffic offenses is essential to properly face any criminal proceeding in this area. A technical case analysis may help reduce the legal consequences or even lead to an acquittal.