Criminal Traffic Offenses
Criminal defense lawyers specializing in traffic offenses
Traffic offenses are one of the areas of criminal law with the greatest practical impact, given the high number of proceedings resulting from violations committed while driving. These behaviors, as defined in the penal code, carry serious legal consequences—from the revocation of a driver’s license to imprisonment.
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.
Frequently asked questions about traffic offenses
What behaviors are considered traffic offenses?
Traffic offenses are defined in Articles 379 to 385 ter of the Penal Code and include driving under the influence of substances, excessive speeding, refusal to take tests, reckless driving, among others.
What is the difference between an administrative infraction and a criminal traffic offense?
An administrative infraction is punished with a fine or point deduction. A criminal offense carries a criminal record, potential prison time, and driving disqualification.
When is exceeding the alcohol limit considered a crime?
It is considered a crime when the driver exceeds 0.60 mg/l in exhaled air or 1.2 g/l in blood. It may also be considered a crime if there are clear signs of impairment, even below those levels.
Can I refuse to take a breathalyzer test?
Unjustified refusal is classified as a traffic offense and carries criminal consequences under the Penal Code.
Is driving without a license always a crime?
It is only a crime if the license is invalid due to loss of points, judicial suspension, or never having obtained it. Driving with an expired license, for example, is not a crime but may lead to an administrative fine.