Smoking while driving Spain: Fines explained

Ask any long-time driver and they’ll probably tell you about the days when having a cigarette behind the wheel was just part of the scenery, right up there with fiddling with the radio or rolling down your window on a sunny day.

But times, and attitudes, have changed. These days, even if you see people lighting up in traffic, you might want to think twice, especially if you don’t fancy a surprise fine or losing points off your licence.

Here’s the thing: There’s actually no specific law in Spain that outright bans smoking while driving. That’s right. Nowhere in the Reglamento General de Circulación (the rulebook for drivers) will you find an article that says, “No smoking while driving.” Sounds like you’re in the clear, right? Well… not so fast.

What the law does say is that every driver has to keep both hands free (unless they’re changing gears, obviously), maintain full control of the car, keep a clear field of vision, and stay focused on the road. Basically: if you’re doing anything that gets in the way of those things—smoking included—then you could be in trouble. And it’s the DGT (Dirección General de Tráfico) that’s watching.

When can you get fined for smoking while driving in Spain?

Let’s cut to the chase. Here’s where Spanish law gets interesting. The act of smoking itself isn’t illegal, but the distraction it can cause? That’s a whole different story.

Let’s look at a few common situations that could see you getting more than just a dirty look from another driver:

• Lighting a cigarette: You might think it’s just a quick flick of a lighter, but those seconds with your eyes off the road? That’s enough for the DGT to call it distracted driving. And if you’re unlucky, a traffic cop might just be watching.
• Fumbling with your pack or lighter: Same story. If you’re reaching around for a cig or a lighter and not watching the road, you’re putting yourself—and others—at risk.
• Holding the cigarette while steering: It sounds harmless, but if you can’t react quickly because one hand is busy holding a smoke, you could get fined.
• Smoking in heavy traffic or with windows up: The smoke itself can reduce your visibility—especially in winter when the windows fog up. If you can’t see, you’re not in control.
• Tossing a butt out the window: This one’s a big deal. Not only is it a danger to other motorists and the environment, but it’s also a leading cause of wildfires in Spain. If you’re caught, you could face a fine of up to €500 and lose six points off your licence. That’s not small change.

For most offences related to distraction, fines start at €200. But the real cost can be much higher if you’re found responsible for an accident.

What about smoking with kids or pregnant women in the car?

Here’s where things get a bit controversial. In the UK, France, and Italy, it’s already illegal to smoke in the car with children or pregnant passengers. But in Spain? Not (yet) illegal.

There’s been talk about changing this, and the Ministry of Health even included a ban in the draft for the new National Plan for Smoking Prevention. But so far, nothing has passed. For now, it’s not against the law, but every medical association and public health group in Spain says it should be.

So just because you can, does it mean you should? Most would say no—especially given how dangerous second-hand smoke is for kids and pregnant women. And with public pressure building, it wouldn’t be a surprise if Spain brings in tougher rules soon.

Is smoking while driving really worth the risk in Spain?

For lots of people, the car is like a private bubble—a place to unwind, maybe listen to your favourite playlist, and yes, sometimes have a cheeky cigarette. But here’s the truth: as soon as you’re behind the wheel, you’re responsible for much more than your own comfort.

Distracted driving is one of the top causes of accidents in Spain, and the DGT is only getting stricter about it. Even a moment’s lapse—whether it’s lighting a cig, fishing one out of the pack, or dealing with ashes on your lap—could be all it takes to make a mistake.

And let’s not forget: it’s not just about the fines, points, or losing your licence. It’s about keeping yourself, your passengers, and everyone else on the road safe.

Want to smoke? Why waiting until you’re parked is the safe bet

So, can you smoke in your car in Spain? Technically, yes. But should you? If you want to stay out of trouble (and out of court), the smart answer is no.

Your car might feel like your own little world, but out on the road, every choice you make affects other people too. Play it safe, save your smoke break for when you’ve parked, and keep your focus where it matters, on the road ahead.

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