Drink-driving in Italy.
In Italy, driving over the alcohol limit is not always just a fine. Above certain levels it is a criminal offence, and the documents you receive at the roadside matter.
Three levels, different consequences.
0.5–0.8 g/l: administrative fine and suspension of the right to drive.
0.8–1.5 g/l: criminal offence punished with a fine and a short custodial penalty (arresto), with a longer suspension.
Above 1.5 g/l: more serious criminal offence, longer suspension and confiscation of the vehicle, unless it belongs to someone not involved in the offence, as is usually the case with rental cars.
Refusing the breath or blood test is treated like the most serious level. If the driver caused an accident, the penalties are increased.
What usually happens next.
A drink-driving check does not normally lead to an arrest, unless other offences are involved, for example an accident with injuries. The police report is sent to the Public Prosecutor.
Many cases end with a criminal decree (decreto penale di condanna): a written conviction imposing a fine, issued without a hearing. It can be challenged within fifteen days of notification (art. 461 c.p.p.); otherwise it becomes final.
Where no accident occurred, the penalty can be replaced, only once, with community service (lavoro di pubblica utilità). If completed successfully, the offence is extinguished, but the service has to be carried out in Italy.
Make sure the case can reach you.
Keep copies of everything you were given: the report, the test results and any document about your licence or the vehicle.
Notices about the case are sent to the address you declared. If you indicate your lawyer’s office, with the lawyer’s consent, deadlines such as the fifteen days to challenge a criminal decree are not missed while you are abroad. See your address in Italy.
Frequently asked questions.
Can I leave Italy after a drink-driving stop?
In ordinary cases, yes: a drink-driving stop does not normally involve measures restricting your freedom. The case continues, so make sure notices can reach you.
Will my rental car be confiscated?
Confiscation does not apply when the vehicle belongs to a person not involved in the offence, such as a rental company. Other consequences, such as the suspension of the right to drive, still apply.
I received a criminal decree at home. What now?
Check the notification date: the time limit to challenge it is fifteen days. Send the document as soon as possible.
General information. It does not replace a review of the documents or advice on a specific case.
Stopped at a checkpoint?
Call or write in English and send a photo of the report you received.
Office in Piazza Umberto I, n. 1, 84121 Salerno, Italy. English-speaking criminal defence for visitors, residents and families abroad.