What Happens if you Drive after Losing Your Driving Licence Points in Spain

Do you know that driving in Spain after losing your driving licence points is a serious road safety offence that can land you in prison?

Getting behind the wheel after exhausting all the points on your Spanish driving licence is no small matter. This infraction is on the list of traffic offences that can carry a prison sentence, with a judge able to apply the maximum penalty of six months in prison.

Understanding the Points System and Disqualification

A major innovation of Spain’s points-based driving system, in place since 2006, was the possibility for drivers to lose their licence if they accrue several serious infractions. This loss isn’t necessarily permanent. Alongside the new system, ‘point recovery courses’ were established to help drivers regain their licence, a system that is currently being updated.

These courses allow for full or partial point recovery. The latter are designed for those who have lost some points but are still able to drive, ensuring they can regain their full balance and avoid losing their licence if penalised again.

Drivers lose points due to an accumulation of violations. The disciplinary procedure differentiates between minor, serious, and very serious violations, with penalties varying in severity. While all illegal driving actions carry a monetary penalty, not all result in point deductions. Common infractions leading to point loss include speeding, using a mobile phone while driving, not wearing a seatbelt, and alcohol and/or drug use. The number of points deducted varies, from six points for very serious infractions down to two for minor ones.

It’s important to remember that point loss is cumulative. For example, if you’re caught speeding (2 points) while using your mobile phone (6 points), you’d lose 8 points. However, the Traffic and Road Safety Law generally limits point loss to eight points in a single day due to accumulated violations. Exceptions exist for serious offences such as drug or alcohol use (including refusal to take a test), reckless driving, excessive speeding, use of radar jammers, or participation in illegal races, any of which can lead to immediate licence loss.

The Grave Consequences of Driving While Disqualified

Spanish law is unequivocal: driving without a licence, whether because you’ve never obtained one, have lost all your points, or your licence has been revoked by a court ruling, constitutes a crime against road safety. Article 384 of the Penal Code explicitly states that “a crime is considered when the driver has never obtained a licence, has lost it due to a total loss of points, or has been revoked by a court ruling.”

Penalties for driving after losing all points on your licence can include:

• Prison sentences: From three to six months.
• Fines: Monetary fines ranging from 12 to 24 months.
• Community service: From 31 to 90 days.

Driving after your licence has been revoked is a serious criminal act in Spain, carrying severe penalties that can significantly impact your life. Always ensure you are legally entitled to drive before getting behind the wheel.