Most people never expect to need a criminal lawyer — but a traffic stop, a bar incident or a misunderstanding can turn serious fast, and the Spanish system works differently from home. If you're a foreigner facing a criminal matter in Tenerife, here's what to know in 2026.
Your rights — know them
- You have the right to a lawyer, and to stay silent until you've spoken to one.
- You have the right to a free interpreter if you don't speak Spanish — insist on it.
- You must be told what you're accused of.
The most common cases for foreigners
By far the most frequent is drink-driving. Spain's general limit is 0.25 mg/l of alcohol in breath (0.5 g/l in blood), dropping to 0.15 mg/l (0.3 g/l) for new and professional drivers. Above a higher threshold it stops being a fine and becomes a criminal offence that can mean loss of licence and even a record. Other common matters include minor assaults, theft and public-order incidents.
The "juicio rápido" (fast-track trial)
Many straightforward offences in Spain go through a juicio rápido — a fast-track procedure that can reach a judgment within days. It's quick, which makes having a lawyer from the very first moment essential: there's little time to build your defence, and a lawyer can often negotiate a reduced penalty (conformidad) where appropriate.
Why this matters for your residency
For non-EU residents especially, a criminal conviction can affect residency renewals and future applications, including nationality. Handling the matter properly — not just paying a fine to make it go away — protects your right to stay. A lawyer who understands both criminal and immigration law is a real advantage.
How we help
We work with a registered lawyer who defends foreigners in criminal matters, explains every step in your language, and keeps an eye on the knock-on effects for your residency. See the service and its fixed fee on our lawyers for foreigners page.
Frequently Asked Questions
Do I get a free interpreter if arrested in Spain?
Yes. If you don't speak Spanish you have the right to a free interpreter, as well as the right to a lawyer and to remain silent until you've spoken to one. Always ask for both before making any statement.
What is the drink-driving limit in Spain?
The general limit is 0.25 mg/l of alcohol in breath (0.5 g/l in blood), and 0.15 mg/l (0.3 g/l) for new and professional drivers. Higher levels become a criminal offence, not just a fine.
What is a juicio rápido?
A fast-track criminal trial used for many straightforward offences in Spain, which can reach a judgment within days. Because it moves so fast, having a lawyer from the first moment is essential.
Can a criminal case affect my residency in Spain?
Yes, especially for non-EU residents — a conviction can affect residency renewals, future applications and nationality. That's why it's important to handle it properly rather than just paying a fine.