Alcohol and driving in Andorra: legal framework, sanctions and consequences

Reading time: 8 minutes

🏁 Introduction

In Andorra, where private vehicles are the main means of transport, the regulation of blood alcohol levels carries particular importance.
Although most drivers are aware of the general limits, it is not always clear when an offence moves from an administrative breach to a criminal act.

The Andorran legal framework seeks a balance between freedom of movement and collective safety, establishing different levels of responsibility depending on the alcohol level and the actual risk posed to road safety.

📓 The administrative framework: Traffic Code and sanctioning regulations

The Traffic Code (Law 12/2021) and its Sanctioning Regulation define the limits of blood alcohol levels and the administrative penalties applicable.

Legal limits

• Up to 0.5 g/l in blood or 0.25 mg/l in exhaled air → within the legal limit, no administrative sanction.
• Between 0.51 and 0.8 g/l in blood → serious administrative offence.
• Over 0.8 g/l in blood → very serious administrative offence.

Administrative sanctions

• Fine between €400 (serious) and €600 (very serious).
• Driving licence suspension of up to two months (article 115.2.b of the Traffic Code).

These sanctions are administrative in nature — they do not create a criminal record or involve detention — and are only applied when there is no indication of a criminal offence or direct risk to third parties.

⚖️ The criminal framework: Andorran Criminal Code

When driving under the influence of alcohol presents a specific danger to road safety, or when a high alcohol level is detected, the Criminal Code (Qualified Law 9/2005, as amended) may apply.

According to Article 284,

“Anyone who drives a motor vehicle or moped under the influence of alcoholic beverages (...) shall be punished with a penalty of arrest or a fine and with the withdrawal of the driving licence for a period of three months to two years.”

This means that the sanction may include:

• Withdrawal of the driving licence for a minimum of three months and up to two years.
• Main penalty: arrest or criminal fine, depending on judicial assessment.
• Criminal record, whenever there is a conviction, even for a minor offence.

⚠️ The criminal threshold: from 0.8 g/l?

The Criminal Code does not establish a specific figure to determine criminal liability, but judicial and police practice considers that from 0.8 g/l in blood, there is sufficient presumption of influence to classify the act as a crime.

However, between 0.5 and 0.8 g/l, the case may still be treated as criminal if it is proven that the driving posed a real danger to road safety.
This interpretation reflects the principle of proportionality: exceeding the technical limit alone is not enough; there must be an objective risk or dangerous behaviour.

📚 Categories of criminal responsibility

Andorran law distinguishes different levels of seriousness according to the conduct and its consequences:

🟡 Minor criminal contravention → an unlawful act of low severity, without damage or significant risk, such as driving slightly over the limit without endangering others.

➤ May result in a short-term arrest or criminal fine and creates a minor record.

🟠 Lesser offence → when the alcohol level is high or driving shows a clear risk to safety.

➤ May entail arrest or a criminal fine, and withdrawal of the licence for three months to two years.

🔴 Serious offence → in cases of accident, injury or repeat offending.

➤ May lead to imprisonment and an extended licence withdrawal.

🚔 Coordination between administrative and criminal routes

The same situation may start as an administrative matter and later move to the criminal route if elements of danger are identified — but it cannot be prosecuted under both systems simultaneously.

🟨 Administrative route
Applies between 0.51 and 0.8 g/l.
Sanction: fine and licence withdrawal of up to two months.

🟥 Criminal route
Applies from 0.8 g/l or when there is clear risk.
Sanction: arrest or criminal fine and licence withdrawal from three months to two years.

👁️ When the withdrawal period exceeds two months, the procedure is already considered criminal.

❗ If the Police or the Public Prosecutor identify risk to safety, the case is immediately referred to the criminal jurisdiction.

⚠️ Crime or minor criminal offence

In Andorran criminal law, the distinction is crucial:

• A crime always implies full criminal responsibility and a record.
• A minor criminal offence remains of a criminal nature but with lighter sanctions.
• Administrative infringements do not create any criminal record.

Thus, a driver with 0.6 or 0.7 g/l could face criminal charges if it is shown that their driving endangered others, whereas another with the same level but no dangerous behaviour could only face an administrative fine.

🧠 In practice

Although the Criminal Code allows punishment of any driving under the influence that endangers safety, in practice the Andorran judiciary reserves criminal prosecution for the most serious cases.
It is generally applied only when:

• the level exceeds 0.8 g/l, or
• there is an accident, dangerous manoeuvre or concrete risk to third parties.

This approach protects public safety while avoiding criminalisation of mild or isolated conduct.

🧾 Records and practical effects

• Administrative sanctions do not create a criminal record.
• Criminal sanctions (arrest or judicial fine) do.
• A criminal conviction may affect professional driving licences, insurance, or access to public tenders.

📍 Conclusions

Andorran regulation on alcohol and driving not only sets objective limits but also leaves room to assess risk and specific circumstances.
Driving with less than 0.5 g/l is not an offence, but above this level, liability may vary depending on the context.

Between 0.5 and 0.8 g/l, the sanction is administrative, although the Criminal Code allows the conduct to be treated as a crime if it endangers road safety.
This means that, under certain circumstances, even a moderate alcohol level may entail criminal responsibility. Therefore, depending on the legal route through which the case is judged, the consequences may differ.

Above 0.8 g/l, driving is generally considered a criminal offence, with more severe penalties and possible criminal records.

Ultimately, the Andorran system seeks to guarantee public safety and proportionality, punishing more firmly the behaviours that genuinely compromise the life or integrity of others.

Last reviewed: October 2025