Being charged with a criminal driving offense in Spain for foreigners can escalate quickly into a legal emergency — especially if you’re unfamiliar with Spanish procedures or don’t speak the language. At RBS Legal, we regularly assist clients from Germany, Austria, Switzerland, the UK, and the USA who face prosecution under Spain’s fast-track criminal process (juicio rápido) after traffic-related arrests.
Understanding your rights from the moment of detention is critical to avoid irreversible legal consequences.
We regularly assist clients from Germany, Austria, Switzerland, the UK, and the USA who are charged under Spain’s fast-track criminal procedure (juicio rápido) after traffic violations.
Driving Offenses That Lead to Criminal Charges in Spain
The following offenses are not just traffic violations — they are criminal offenses in Spain:
- Driving without a valid license (expired or never obtained)
- Driving with a foreign license that’s not registered or recognized
- Driving under the influence of alcohol or drugs
- Refusing to take a breathalyzer or drug test
- Driving with zero license points left on a Spanish license
- Reckless driving or dangerously excessive speeding
These cases usually trigger a juicio rápido, meaning you may face court within 24–72 hours.
What to Expect in a Fast-Track Procedure
- Detention:
If the offense is serious (like DUI), police may detain you on the spot and hold you up to 72 hours before taking you to court. - Legal representation:
You have the right to a lawyer from the moment of detention. If you don’t have one, a duty lawyer will be provided. - Do not speak to police before legal consultation:
Many foreigners try to “explain” the situation too early. Don’t.
Wait for your lawyer. Early mistakes can be hard to undo. - Court appearance:
Within 24–48 hours, you’ll see a judge who may:- Release you with pending charges
- Offer a plea deal
- In rare cases, order temporary custody
Can Spanish Courts Take Away a Foreign Driver’s License?
In practice, many Spanish courts physically retain foreign driver’s licenses after a traffic trial. But this is not legally correct — and as a foreigner, your license should not be confiscated.
A Spanish judge can:
- Ban you from driving in Spain for a set period
- Register this restriction in Spanish systems or even in ECRIS
But the court cannot:
- Invalidate your license in your home country
- Physically keep your foreign license (especially if you’re not a Spanish resident)
- Prevent you from driving outside Spain
If the court tries to seize your license, your lawyer should object immediately and explain that it is an official document issued by another country and cannot be held by Spanish authorities.
Can You Go Back to Your Country?
Yes — in many cases, after your first court appearance, the judge will allow you to return home. Your lawyer can continue representing you remotely.
However, missing future hearings can result in a European arrest warrant. Stay in touch with your lawyer at all times.
Should You Accept a Plea Deal?
Fast-track courts often offer plea deals (guilty pleas in exchange for reduced penalties). But before accepting:
- Know that it will create a criminal record
- It may affect your driving privileges
- It could impact residency, jobs, or visas
Always make this decision with the advice of an experienced defense lawyer.
Facing Charges After a Traffic Stop in Spain?
We are a criminal defense law firm based in Spain, fluent in English and German, with strong experience representing foreigners in driving-related offenses and fast-track criminal cases.
Contact us now for confidential advice — whether you’re still in Spain or already back home.
