Drunk drivers...

... risks losing their licence.

Oh yes, in recent months there has been a lot of talk about violations of the reformed Road Traffic Act and their consequences for both Italians and foreigners who drive their cars in Italy for holiday or work. Many questions have been put to me and I have realised that there is a lot of confusion, so I thought I would shed some light.

First of all, it should be made clear that the rules on what you can and cannot do have NOT been changed. Driving with a phone in your hand or having a blood alcohol level above 0.5 g/l was forbidden before and is still forbidden now.

 On the other hand, the penalties have changed, both the financial ones - the amounts to be paid have increased - and the penalty of having your licence withdrawn. Losing your licence is a strong deterrent, especially for those who live outside urban centres. And then there is imprisonment, up to one year if driving with a blood alcohol level above 0.8g/l and increasing with longer periods if the blood alcohol level is higher. But it should be made clear that the jail punishment is only imposed at the end of a specific trial and that there is normally a probationary suspension. That is, you only go to prison if you have been sentenced in one or more trials to a fine of more than two years.

Lastly, the rule on ‘joints’ is very controversial; the way the law is written, penalties are triggered even if you test positive, due to consumption several days earlier. As a car driver I have the utmost respect for all the rules; as a lawyer I wait to see how the judges will decide, when some penalties will inevitably be challenged, even if we all share the need to make the roads safer!

last update Februaru 2025