What are the consequences of driving without a licence in Spain?

Driving without owning a license or permit in Spain in a crime. Article 384 of the Criminal Code punishes with imprisonment (from 3 to 6 months), or a fine (from 12 to 24 months), or community service (from 31 to 90 days) the act of driving without having obtained a driver’s license, or after having lost it (either by loss of points, or by court decision).

Specifically, the article in question establishes the following:

Whoever drives a motor vehicle or moped in cases of loss of validity of the permit or license due to total loss of the legally assigned points, shall be punished with imprisonment of three to six months or with a fine of twelve to twenty-four months or with community service of thirty-one to ninety days.

The same penalty shall be imposed on anyone who drives a motor vehicle or moped after having been temporarily or definitively deprived of a license or permit by a judicial decision, and on anyone who drives a motor vehicle or moped without ever having obtained a driving license or permit.

If the penalty to be imposed is a fine, the daily fee would be calculated according to the economic situation of the offender. For example, a fine of 12 months (360 days) could be imposed, with a daily fee of 5 euros, i.e. 1,800 euros.

What if I have a license but do not carry it?

This is a different story. Not carrying your driver’s license, or having it expired, is not a crime; it is an administrative infraction and can be sanctioned with a fine.

 

Red Jurídica is a cooperative of lawyers who practice law from a critical perspective. We offer services in Criminal, Civil, Family, Labor Law, etc.

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