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Art.186 Driving under the influence of alcohol (1 ^ Parte)





L'articolo 186 ha subito nel corso degli anni numerose modifiche, ripercorrerne le tappe consente di comprendere meglio la sua attuale articolazione.




Art.186 Guida sotto l’influenza dell’alcool (testo del 1992)

1. E’ vietato guidare in stato of intoxication resulting from the use of alcoholic beverages.
2. Anyone driving while intoxicated is punishable, where the fact constitutes a more serious offense, by imprisonment up to one month and by a fine of five hundred thousand pounds to two million lire. The investigation of the crime follows the sanction of license suspension for fifteen days to three months, or from one month to six months when the same person performs more violations during one year, under Chapter II, Section II, Title IV.
3. The vehicle, if it can not be driven by other suitable person can be made to the place indicated by the tow to the nearest garage or and left-over to the owner or operator of it with the normal guarantees for safekeeping.
4. In case of accident or when there is reason to believe that the driver of the vehicle is in a state of mental and physical deterioration resulting from the influence of alcohol, the police road .12 have the right under Article to carry out the assessment tools and procedures defined in the rules.
5. If the finding indicates a value corresponding to a blood-alcohol rate exceeding the limits set by the Regulation, a person is considered intoxicated for the purposes of application of the penalties referred to in paragraph 2.
6. In case of refusal of the investigation referred to in paragraph 4, the driver is punished, unless the fact constitutes a serious crime, with imprisonment for up to a month and a fine of between five hundred thousand pounds to two million lire.
   

LAW March 30, 2001, No 125 (OJ No 090, 18/04/2001) Framework law on alcohol and alcohol-related problems. Ecology.

This law provided for an amendment to the Rules of Implementation of the Highway Code. The amendment referred to the lowering of the blood-alcohol rate of 0.5 g / l, but has never been applied. In fact, today the art. Regulation 379, still indicates a rate of 0.8 g / l.


DECREE 15 January 2002 No 9 (OJ No 036 Suppl.Ord. Of 02/12/2002) supplementary and remedial provisions of the new Highway Code, Article 1, paragraph 1, of Law March 22, 2001, No 85.

This Decree shall enter into force on 1 January 2003 and provides as follows:

• the police may carry out road checks are only those referred to in paragraphs 1 and 2 of Article 12 cds will exclude those referred to in Section 3 are qualified to perform the services of traffic police as a result of a qualifying examination.
• is introduced revocation of license for those driving buses or heavy vehicles.
  
• 4 coma is eliminated at the option che consente di effettuare il controllo in ogni caso di incidente.
  
• Viene aggiunto il comma 4 bis in cui, in caso di incidente a seguito del quale il conducente sia sottoposto a cure mediche, può essere effettuato l’accertamento del tasso alcoolemico su richiesta degli organi di polizia stradale dalle strutture sanitarie.
  
• Nel comma 5 non viene ancora precisato il valore del tasso alcoolemico rinviando al regolamento.