Drink driving in Italy: what a foreign driver faces
Italy uses three bands. Up to 0.5 grams per litre there is no offence; between 0.5 and 0.8 it is an administrative violation; above 0.8 it becomes a criminal offence, and above 1.5 the vehicle is confiscated if it belongs to the driver. Refusing the breath test is punished as if you were in the highest band.
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.
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.