New blood alcohol limits in Spain: what you need to know according to SF Abogados
The Directorate General of Traffic (DGT) has announced a review of the blood alcohol limits permitted for driving in Spain, with the aim of reducing accidents related to alcohol consumption. The new threshold will set the maximum at 0.2 g/l of alcohol in the blood (or 0.1 mg/l in exhaled air), a considerable reduction from the current general limit of 0.5 g/l (0.25 mg/l).
This change brings Spain into line with the strictest European countries, such as Sweden and Poland, and means that, in practice, a single glass of wine or beer could put a driver over the legal limit.
When will it come into force?
The measure is still in the approval phase and is expected to come into force during the first half of 2026, following the publication of the new Royal Decree amending the General Traffic Regulations. In addition, the DGT plans to accompany the reform with information campaigns and reinforced controls in tourist and nightlife areas.
Legal and practical implications
At SF Abogados, we warn that this change may have significant consequences for both private drivers and companies.
1. Private drivers
- More frequent penalties: with a lower tolerance margin, the probability of testing positive will increase even with moderate consumption.
- Administrative and criminal penalties: exceeding the limit will continue to result in a fine of €500 to €1,000 and the loss of up to 6 points; if the rate exceeds 0.6 mg/l, it may constitute a criminal offence (art. 379.2 of the Criminal Code), with prison sentences and withdrawal of the licence.
- Evidentiary issues: it will be essential to review the chain of custody, breathalyser calibration and validity of the test, areas in which a specialist solicitor can make a difference.
2. Companies with fleets or driving staff
- It is recommended that internal consumption and driving policies be updated to reflect the new limit.
- In sectors such as transport, logistics, delivery or leasing, it may be necessary to implement prevention and training protocols to avoid corporate liability.
- Insurance policies may restrict coverage if the accident occurs with rates above the new threshold.
3. Tourists and foreign drivers
- Spain receives more than 80 million tourists a year, many of them with vehicles. The authorities are planning specific campaigns at airports and tourist areas.
- Visitors should be aware of the limits and penalties to avoid unpleasant surprises or legal proceedings during their stay.
Recommendations from the SF Abogados team
- Do not drive after consuming alcohol, even in minimal amounts.
- In the event of a penalty or accident, immediately contact a specialised solicitor before signing or acknowledging liability.
- Always request a copy of the test results and check that it has been carried out with a double measurement and within the regulatory time frame.
- Companies: review employment contracts and risk prevention protocols related to vehicle use.
Applicable legislation
- The main legal texts regulating drink-driving and penalties in Spain are:
- Law on Traffic, Motor Vehicle Circulation and Road Safety (Royal Legislative Decree 6/2015, of 30 October)
- General Traffic Regulations (Royal Decree 1428/2003, of 21 November)
- Penal Code (Organic Law 10/1995, of 23 November)
- Order ITC/3707/2006, on the metrological control of instruments used to measure the concentration of alcohol in exhaled air.
| RD 6 2015 Ley de Tráfico Cons. 2023 | 571 KB |
