Drink driving in Italy: what a foreign driver faces
Italy grades drink driving into bands. Up to 0.50 grams per litre there is no offence, except for new and professional drivers; between 0.50 and 0.80 it is an administrative violation; above 0.80 it becomes a criminal offence; and above 1.50 the vehicle is confiscated where it belongs to the driver. Refusing the breath test is punished as though the driver were in the gravest band.
Two features catch foreign drivers in particular. Penalties are increased between 10 pm and 7 am, which is exactly when roadside checks take place, and refusal, chosen by people who believe it is the safe option, produces the worst available outcome.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- Up to 0.50 grams per litre there is no offence for an ordinary driver, while new drivers, drivers under 21 and professional drivers are held to a zero tolerance standard.
- Between 0.50 and 0.80 the matter is an administrative violation, with a fine and suspension of the licence rather than a criminal charge.
- Above 0.80 the conduct is a criminal offence carrying a fine and the possibility of detention, with the length of the suspension rising with the reading.
- Above 1.50 the suspension is longer and the vehicle is confiscated where it belongs to the driver, which does not apply to a rented car.
- Refusal to be tested is punished as the gravest band, so declining the test produces the outcome the driver was trying to avoid.
- Penalties are increased between 10 pm and 7 am, which covers the hours in which most of these stops actually happen.
- An Italian court cannot suspend a licence issued by another state, so it prohibits driving in Italy for the corresponding period instead, and that prohibition is recorded and enforced here.
- Whether the measure follows the driver home differs by country: some recognise it directly, some act on the conviction once notified, and some do nothing at all.
- The roadside device is a screening instrument, while the evidential measurement is normally a pair of breath samples taken a few minutes apart, with both values, the times and the calibration recorded.
- Where there has been an accident or the driver was taken to hospital, a blood sample may be analysed, and consent and the chain of custody are both recurring grounds of challenge.
- A rental car brings the hire company into the picture, with contractual consequences separate from the criminal and administrative ones.
The three bands
| Blood alcohol | Consequence | Provision |
|---|---|---|
| Up to 0.50 g/l | No offence, except for new and professional drivers | Art. 186 Highway Code |
| 0.50 to 0.80 g/l | Administrative fine and licence suspension | Art. 186(2)(a) |
| 0.80 to 1.50 g/l | Criminal offence: fine and possible detention | Art. 186(2)(b) |
| Above 1.50 g/l | Criminal offence, longer suspension, vehicle confiscated | Art. 186(2)(c) |
| Refusal to be tested | Punished as the highest band | Art. 186(7) |
| Between 10 pm and 7 am | Penalties increased | Art. 186(2-sexies) |
| Zero tolerance | New drivers, under-21s and professional drivers | Art. 186-bis |
Two of those lines catch visitors out. The night-time increase applies to exactly the hours when the stops happen. And refusal, which people choose thinking it is the safe option, produces the worst outcome available.
What happens to a foreign licence
An Italian court cannot suspend a licence issued by another state. What it does instead is prohibit you from driving in Italy for the corresponding period, and that prohibition is recorded and enforced here.
Whether it follows you home is a separate question with a different answer in every country. Some recognise the measure directly, others act on the conviction once notified, others do nothing. It has to be checked against your own licensing authority, and it is one of the reasons the criminal outcome here matters beyond Italy.
How these cases actually run
The roadside test is a screening device. The evidential measurement is normally two breath samples taken a few minutes apart, and the record must show both, the calibration of the instrument and the times.
Where there has been an accident or the driver is taken to hospital, a blood sample may be analysed. Consent and the chain of custody both matter here, and both are recurring grounds of challenge — a blood test carried out for treatment and later used as evidence has conditions attached to it.
- The interval between the two breath samples and the recorded values.
- Calibration and maintenance records for the device.
- Whether you were told you could have a lawyer present, which affects usability.
- The time between driving and testing, since the reading is not the value at the wheel.
- Whether the record was translated before you signed it.
When it stops being about the licence
If someone was hurt, the case changes shape entirely. Causing injury or death while driving under the influence are separate offences with their own, far heavier brackets, and intoxication is an aggravating factor within them.
Leaving the scene compounds it: failing to stop after an accident involving injury, and failing to assist the injured, are two distinct offences that can be charged together. There is one important rule attached: if the driver puts themselves at the disposal of the authorities within twenty-four hours, arrest and precautionary measures do not apply.
The consequences of a stop depend on where the reading falls and on who was driving, and the table sets out the bands.
| Reading | Consequence | Note |
|---|---|---|
| Up to 0.50 grams per litre | No offence for an ordinary driver | New, under-21 and professional drivers are treated differently |
| Between 0.50 and 0.80 | Administrative fine and suspension of the licence | Not a criminal charge |
| Between 0.80 and 1.50 | Criminal offence: a fine and possible detention | The criminal threshold begins here |
| Above 1.50 | Criminal offence, longer suspension, vehicle confiscated | Confiscation applies where the vehicle belongs to the driver |
| Refusal to be tested | Punished as the gravest band | The worst outcome available |
| Between 10 pm and 7 am | Penalties increased | Covers the hours when most stops occur |
Rental cars
Confiscation applies to a vehicle belonging to the driver, so a rental car is not confiscated. That does not end the matter: the rental company will pursue you contractually, and it may also report the damage, which occasionally produces a separate complaint of its own.
Frequently asked questions
What is the drink driving limit in Italy?
0.5 grams per litre. Between 0.5 and 0.8 it is an administrative violation; above 0.8 it becomes a criminal offence.
What happens if I refuse the breath test?
Refusal is punished as if you were in the highest band, above 1.5 grams per litre. It is not the safe option.
Can they suspend my foreign licence?
An Italian court cannot suspend a foreign licence, but it can prohibit you from driving in Italy for the equivalent period, and that prohibition is enforced here.
Will they take my rental car?
Confiscation applies to a vehicle belonging to the driver, so a rental car is not confiscated. The rental company may still pursue you separately.
If you have been stopped
The record of the test is the case. It is worth having it read before any hearing. First contact is free and covered by professional privilege.
Who ends up at a roadside check, and how the evening usually unfolds
Drink-driving cases involving foreign drivers follow a few familiar patterns, and most of the people affected are not habitual offenders. They are holidaymakers, workers on short assignments, students and long-term residents who had a meal, a night out or an aperitif, and then drove.
The typical situation is a tourist in a hired car, returning to a hotel along a coastal road or a motorway slip road after a late dinner with wine. A patrol car signals, the driver is asked for documents, and the officer, noticing the smell of alcohol or a slow response, asks for a breath test. A portable device gives a reading. If the reading is high, a repeat test on a more precise machine may be proposed, possibly at a station or a hospital, and a blood sample may be requested.
Another situation is the resident who drives home after a work event, a football match or a family celebration and is stopped at a routine control. The person assumes that being a "light drinker" is an answer. It is not; the measure is the reading, and the device does not account for body weight or intent.
Another situation is a minor accident, a bump in a car park or a scrape at a junction, after which the other driver calls the police, and a breath test follows as a matter of course.
In all of these, the person usually has few minutes to decide whether to accept, refuse or ask questions, and little knowledge of what the choice means.
A foreign licence and an Italian licence are affected in different ways by the same conviction, and the comparison below sets it out.
| Aspect | Licence issued in Italy | Licence issued by another state |
|---|---|---|
| What the court can do with the document | Suspend the licence itself | It cannot suspend a foreign licence |
| What is imposed instead | Not applicable | A prohibition on driving in Italy for the corresponding period |
| Where the measure is recorded | On the Italian licence record | In the Italian records, and enforced here |
| Effect at home | Not applicable | Depends entirely on the home licensing authority |
| What has to be checked | The duration and the conditions of return | Whether the home authority recognises or acts on it |
What a drink-driving charge changes for a foreign driver at home and abroad
The most visible consequence is the licence, but the effects reach well beyond the road.
The licence. A foreign licence cannot be taken from you by an Italian office in the way a national licence can, but it can be withdrawn at the roadside, and the right to drive in Italy can be suspended. Your home authority may be informed. If you drive for a living, the suspension affects your income immediately. If you commute by car in your home country, ask a lawyer how the Italian decision will be treated there.
Work. Delivery drivers, couriers, sales staff and anyone whose contract depends on driving are exposed. Employers abroad may learn of the matter through insurers or fleet checks.
Insurance. Insurers can raise premiums, refuse renewal or deny cover for damage caused while over the limit. A hire company may charge you for the car and the delay.
Travel. If a criminal case is opened, a lawyer should tell you whether you need to remain in Italy for a hearing or whether you can leave. Hasty departure without advice can create more problems than staying a short time.
Residence. A resident non-EU citizen should not assume that a roadside offence will be ignored at permit renewal. It is better to be ready to explain.
The car. In the highest band, a vehicle that belongs to the driver can be confiscated. A hire car is returned to the company, and the driver is liable for costs.
The choices at the roadside and in the days that follow
Several decisions arise quickly. Each has a price, and the best course depends on what the officer has actually asked.
Accept the breath test, or refuse it. A refusal is treated as seriously as the worst reading, which means it is rarely a sound shortcut. The price of accepting is that the number will be recorded and might be high; the price of refusing is that you give up the chance to challenge a reading and take on the worst penalty band. Many drivers refuse out of panic or in the belief that "no test means no case". That belief is wrong.
Ask for the further test. Where a breath test has been done, a repeat, more precise measurement or a blood analysis may be offered. Asking for a repeat costs time at the roadside and may feel awkward, but a measurement that is taken carefully, with the right intervals and recorded properly, is also a measurement that can be examined later.
Sign or refuse to sign what you are handed. Records of the test, notices of withdrawal of the licence and forms in Italian will be presented. Ask for an interpreter and a translation. Sign only to acknowledge receipt, and write that you do not understand if that is the case.
Pay or contest the later demand. A fine can be paid, but payment in a criminal case is not the same as settling it. Seek advice before paying anything.
Records and papers to keep after a stop for drink driving
The case is built almost entirely from a few papers and a few numbers. Keeping your own copy of all of them is the earliest practical step.
- The breath test slips, if any were printed, with the time of each reading. Photograph them immediately; thermal paper fades.
- The report of the stop, which records where, when and why you were stopped, and what the officers observed. Check that the details of the car and your licence are correct.
- Any hospital document relating to a blood sample, including the time of the draw and the consent form, if you signed any.
- The receipt for what you ate and drank, with times. Bar and restaurant receipts, card statements and photographs on your phone help to reconstruct the evening.
- The licence and the notice of withdrawal or suspension, with the date and place.
- The rental agreement and insurance papers, including the excess you accepted and any clause on alcohol.
- Your passport, residence papers and employer details, so the lawyer can judge the practical impact.
- Medical information relevant to the reading, such as a medicine or condition, only if the lawyer asks for it.
- The names of passengers, who may be witnesses to how much you drank and to your condition.
What to ask the lawyer after a drink-driving stop
These questions are specific to this kind of case and rarely occur to a driver in the early days.
- Which band does the reading fall into, and is it an administrative violation or a criminal offence?
- Was the equipment approved and checked, and were the intervals between tests respected?
- Were my rights explained to me in a language I understand, including the right to a lawyer before the test?
- Is there a more precise test that can be requested, and what is the risk of asking for it?
- Does my foreign licence remain valid at home, and will the authority in my country be told?
- Will I need to attend a hearing, or can the matter be dealt with in writing by a lawyer acting for me?
- What are the options for resolving the case without a trial, and what does each mean for my record?
- If there was an accident or injury, does the file treat it separately, and how does that change my position?
- How are the car, the hire company and the insurer dealt with, and who writes to them?
Take photographs of the papers to the call, and have the hire agreement at hand. Ask also about timing: how long the licence measure lasts, when the next paper is expected, and who will receive it if you have already left Italy.
These cases are contested on how the measurement was taken and recorded, and the table sets out what to examine.
| What to examine | Why it matters |
|---|---|
| The interval between the breath samples and both recorded values | The evidential measurement depends on the pair being properly taken |
| Calibration and maintenance records for the instrument | An uncalibrated device cannot support the reading relied on |
| Whether you were told you could have a lawyer present | It affects whether the result can be used against you |
| The time between the stop and the measurement | Bears on what the reading actually reflects |
| Consent and chain of custody for a blood sample | A sample taken for treatment has conditions attached to its later use |
| The rental agreement, where the car was hired | Determines the contractual consequences and the position on confiscation |
Foreign plates, foreign licences and the home authority
A drink-driving stop involving a foreign driver touches both the Italian administration that enforced the rule and the authority at home that issued the licence. The overlap produces practical difficulties.
The records of the stop are written in Italian. Make sure you receive an official translation of any paper that withdraws or suspends your right to drive. Without it you may not know the date from which the measure runs or the way in which it can be challenged.
Your licence authority may be told, and some authorities react by applying their own rules, which can be separate from the Italian ones. Ask your lawyer whether it is worth contacting the licensing office at home yourself, and what to say.
If you drive a rental car, the company's records and the insurer are part of the picture. The rental company may supply documents to the police and may charge your card for costs. Keep copies of everything you sign and of any charges made after you return.
If you must go home before the case has moved, give your lawyer an address, a reliable email, and the name of someone who can receive paper. The lawyer can then appear for you, so that travel is not needed for each date.
Your consulate can help in an emergency, for example with a lost document, but it will not intervene in the stop or the case.
How the firm works on drink-driving cases for visitors and residents
Contact the firm by email at avvmassimoromano@gmail.com or by the number on the contact page. Send photographs of every paper you received at the stop, including the test slips, the notice about the licence and the rental papers, and say where you are and when you plan to leave Italy.
During the initial call, the lawyer will ask where the stop took place, what band the reading appears to fall in, whether a blood test was taken and whether an accident was involved. You are told whether anything must be done immediately, for instance to preserve a document or to respond to a notice, and what can wait.
The firm has offices in Rome, Milan and Naples, and works with colleagues in other cities, because the case is handled where the stop occurred. A visitor on holiday in a coastal region or a mountain area is not required to come to an office in Rome; the lawyer will state when presence is needed.
Conversations are in English. Italian papers are explained, and translated where required, before you sign anything.
Where the case also involves your home licence, insurer or employer, the firm can work with a lawyer in your country, and they coordinate what is said to each authority.
Because stops often happen at night or on a weekend, the lawyer is reachable around the clock for urgent questions.
What not to do after a stop, a reading or a notice
Actions taken in the hours after a roadside check often matter as much as the stop itself.
- Do not drive again until you know the status of your licence. Driving while a withdrawal is in force turns a manageable case into a worse problem.
- Do not post about the stop. Photos of the evening or comments on social media can be read as evidence of how much you had to drink.
- Do not contact the officers to argue the reading. Any challenge goes through a lawyer, in writing, based on the records.
- Do not return the hire car without photographing it and the paperwork. Disputes about charges are easier if you have a record of the state of the vehicle and the papers handed over.
- Do not pay a demand without advice. Payment can be treated as the end of a matter that is in fact still open.
- Do not ask a passenger to say you drank little. Witnesses who adjust their accounts are easily caught out.
- Do not drink more to "calm down" if another test is being arranged. A later reading will be affected.
- Do not ignore later letters. A notice in Italian may start a deadline, and silence can close options.
Italian words printed on drink-driving papers
Italian papers for this offence use a small vocabulary. The terms below are the ones you are most likely to see on this page and on the documents handed to you.
- Guida in stato di ebbrezza: driving while under the influence of alcohol. The general name of the offence.
- Etilometro: the breath-testing device. The papers record its readings and the time of each.
- Tasso alcolemico: the blood alcohol level, the figure that determines which band applies.
- Rifiuto: refusal to take the test, treated as seriously as the highest reading.
- Ritiro della patente: the withdrawal of the licence at the roadside, followed by a decision on suspension.
- Sospensione della patente: suspension of the right to drive, for a period set in the decision.
- Confisca: permanent loss of the vehicle, applicable in the highest band if the car belongs to the driver.
- Decreto penale di condanna: a conviction issued on paper without a hearing, which becomes final unless it is opposed in time.
- Lavori di pubblica utilità: community service, a possible alternative way of ending the matter.
If the paper uses another term, photograph it and send it over. The vocabulary of road-traffic papers is technical, and a driver who guesses at the meaning of a suspension notice may drive when the measure forbids it.
About the lawyer
Criminal defence is the whole of this practice. Avv. Massimo Romano is enrolled with the Ordine degli Avvocati di Napoli and pleads before the Court of Cassation; the work that reaches him concerns Italian criminal procedure, extradition, European arrest warrants, and cases where an Italian citizen is held by a foreign authority. He takes instructions directly. The first contact is short and factual: what the charge is said to be, where the person is, what has already been signed or handed over. Nothing is promised at that stage, because the file has usually not been read. What follows the call is practical, a list of documents to collect, contact with the authority or with local counsel abroad, and a plan for the next hearing or request. Where relatives do not speak Italian, the conversation continues in their own language, and written updates are sent in that language as well, so nobody relies on second-hand translation.
Ring the office directly, or write on WhatsApp if calling is difficult. Keep beside you the summons or the record of the search, and the name of any lawyer already acting.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp