Testing positive in a roadside drug test at a traffic check in Spain generally means a €1,000 fine and the loss of 6 points from your licence. It is enough for the test to detect the presence of drugs in your system: the substance does not need to have affected your driving. In this guide we explain what the drug test detects, the penalty, the deadlines that apply and when it is worth appealing the fine.
Quick summary
Fine: €1,000 and the loss of 6 points for driving with drugs in your system.
How long THC stays in saliva: as a rough guide, up to about 24 hours after occasional use and several days in regular users.
Refusing the test: it is a crime (article 383 of the Spanish Criminal Code).
Appeal: it can be appealed; we review the procedure, the confirmation analysis and the deadlines.
Fined for a drug test or for carrying cannabis? We help you appeal a cannabis fine.
What the roadside drug test is and what it detects
The drug test is the saliva test used by traffic officers to check whether a driver has drugs in their system. It is regulated in article 14 of the Spanish Traffic Act, which requires all drivers to submit to these tests.
Unlike a breathalyser, the drug test does not measure a quantity: the result is either positive or negative. Depending on the model, the devices used at checkpoints usually detect:
- Cannabis (THC)
- Cocaine
- Amphetamines and methamphetamines
- MDMA
- Opiates
- Benzodiazepines
CBD is not a banned drug, but many CBD products contain small amounts of THC that can give a positive result. We explain this in our article on the differences between CBD and THC.
How the test works at a checkpoint
The law establishes that the test consists of two steps:
- Saliva test at the checkpoint. The officer takes a saliva sample with an approved device. The result appears within a few minutes.
- Analysis of a second saliva sample. If the first result is positive, another sample is taken and sent to a laboratory. It is this analysis that confirms the positive result and the specific substance.
You also have the right to request a contrast test, which by law will preferably be a blood test. If the contrast test confirms the positive result, you have to pay for it.
What happens if you test positive in a drug test in Spain?
Driving with drugs in your system is a very serious offence (article 77.c of the Traffic Act). The consequences are:
- A €1,000 fine (article 80).
- Loss of 6 points from your driving licence (annex II).
It is important to distinguish this administrative penalty from a crime. If it is also proven that you were driving under the influence of drugs, that is, that they affected your ability to drive, article 379.2 of the Criminal Code may apply, with prison sentences, fines or community service and loss of your licence for 1 to 4 years. In that case you need a specialist criminal defence lawyer from the outset.
Can I refuse a roadside drug test?
No. Refusing to take the tests when an officer requests it is a crime under article 383 of the Criminal Code, punishable by six months to one year in prison and loss of the right to drive for one to four years. The consequences are much more serious than testing positive, so refusing is never a good strategy.
How long does cannabis stay in a saliva test?
This is the most common question and there is no exact answer: how long THC keeps showing up in saliva depends on the amount used, how often, how it was consumed and each person’s body. These times are for guidance only:
| Type of use | Approximate detection in saliva |
|---|---|
| Occasional use | Up to about 24 hours |
| Frequent use (several times a week) | 1 to 3 days |
| Daily or heavy use | Can exceed 3 days |
The drug test detects the presence of the substance, not whether you are under its effects. That is why you can test positive even if you no longer feel anything. If you test positive, the sample is sent to a laboratory for confirmation, and that result is what supports the penalty.
No time frame guarantees a negative result: the only safe way to avoid the fine is not to drive after using drugs. If you have already been fined, find out how to appeal the fine.
False positive in a drug test
A false positive occurs when the test shows the presence of a substance you have not taken, or when the result is due to a medicine or a legal product. Some common causes are:
- Medicines containing codeine, benzodiazepines or other active ingredients.
- CBD products that contain traces of THC.
- Errors in taking, storing or the chain of custody of the sample.
If you think your result is a false positive, keep the prescriptions or packaging of what you have taken and request the contrast test. These documents are key to an appeal.
How long does it take for a drug test fine to arrive?
If you test positive at the checkpoint, the fine is not usually issued on the spot: first the laboratory result has to come back. That is why it is normal for the notification to take several weeks.
The Traffic Act sets these time limits (article 112):
- Limitation period for the offence: 6 months from the date of the events, for serious and very serious offences. It is interrupted when the authorities notify you or take steps to locate you.
- Expiry of the proceedings: 1 year. If there is no decision within one year of the start of proceedings, they lapse and are closed.
If you have not received the fine, check the Traffic Penalties Edict Board (TESTRA) and your Road Electronic Address (DEV): many notifications are published there. Talk to a lawyer before assuming a fine has expired.
Can a drug test fine be appealed?
Yes. When you receive the notification you have two options:
- Pay with a 50% discount (€500) within 20 calendar days of notification. If you pay, you give up the right to submit objections and still lose the 6 points (article 94).
- Submit objections within the same 20 calendar days (article 95), providing any evidence you have.
Is it worth appealing a drug test fine?
It depends on your case. It is worth looking into if any of these situations apply:
- The positive result may be due to a medicine or a legal product.
- You were not informed of your right to a contrast test or were not allowed to take it.
- There are defects in the chain of custody of the sample, in the laboratory deadlines or in the checkpoint report.
- The fine was notified late or the proceedings may have expired or become time-barred.
- You need to keep your points, for example because you drive for work or have few points left.
If none of these circumstances applies, paying with the discount may be the cheapest option. A lawyer can review the file before the 20-day deadline ends and tell you whether you have a real chance.
Template for appealing a drug test fine
There is no single template that works for every case: objections must be based on the facts and documents in your file (checkpoint report, laboratory result, prescriptions, etc.). A generic letter rarely succeeds. The best approach is to request the full file and draft the objections based on it.
Drug tests and cannabis use outside the car
The drug test only concerns driving. If you are caught using or carrying cannabis in a public place, the penalty is different and is governed by the Public Safety Act. We explain it in our guide on the fine for drug use or possession in public places.
Frequently asked questions about drug tests in Spain
How much is the fine for driving with drugs in Spain?
€1,000 and the loss of 6 points. If you pay within 20 calendar days of notification, the fine is reduced to €500, but you still lose the points.
Is the DGT drug test illegal?
No. The test is provided for in the Traffic Act and is mandatory. What can be challenged is how it was carried out in your specific case: the device, the sampling, the chain of custody or respect for your rights.
If a driver tests positive for drugs, is it always a crime?
No. Testing positive is, in principle, a very serious administrative offence. It is only a crime if it is proven that the driver was under the influence of drugs (article 379.2 of the Criminal Code) or if they refuse to take the test (article 383).
How long do you test positive in a saliva drug test?
It depends on the substance, the amount, how often you use it and each person. There is no safe time frame that guarantees a negative result, so the only way to avoid the penalty is not to drive after using drugs.
Fined for a drug test in Spain?
At S&F Abogados we review your file, tell you whether your fine can be appealed and prepare your objections on time. We work throughout Spain.
Call us on +34 637 655 294 (fine appeals, office hours) or write to us from our contact page.
