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Driving under the influence of alcohol (3rd Party)

DECREE-LAW No 3 August 2007 117 (OJ No 180 of August 4, 2007) Urgent provisions modifying the rules of the road to increase safety levels in the circulation. , with amendments, in LAW No 2 October 2007 160 (OJ No 230 of October 3, 2007)
Let's see what are the main changes introduced by the Legislature in 2007.

In paragraph 2 have been graduated penalties for driving while intoxicated in three groups according to the detected blood-alcohol rate:

• from 0.5 to 0.8
• greater than 0.8 and not more than 1.5
• than 1.5

Financial penalties were substantially increased, but driving under the influence of alcohol with a blood-alcohol rate up to 0.8 g / l is no longer a crime. This decriminalization was placed in the conversion law.

Also in the conversion law is no longer possible to replace the penalty for the crime of driving while intoxicated with the obligation to carry out activities in health facilities free social trauma.

Still paragraph 2 of the license is to be withdrawn in case of recurrence within two years.
The new paragraph 2 no longer contains the last period in which the police were able to tow the vehicle to a garage or other place designated by the person if it can not be driven by other suitable person.

is introduced paragraph 2 which provides a further increase penalties if the driver under the influence causes an accident.
In subsection 5 (drivers undergo medical treatment following a car accident) is the possibility of precautionary measure to withdraw the license by the police. The conditions and procedures are those set out in Article 5 a paragraph .187. Finally
was amended paragraph 7. The new formula is the refusal of the investigation is no longer a crime. Apply financial penalties and ancillary.

May 23, 2008 Decree-Law No 92 (OJ n.122 of 26 May 2008). Emergency measures in the field of public safety. Converted with amendments into law July 24, 2008, No 125 (OJ n.173 of 25 July 2008)

With this Decree Law (Decreto security) yet the Legislature has raised the penalty for the crime of driving while intoxicated and has reintroduced the offense of refusal ' investigation which had been decriminalized by the previous revision.

In paragraph 2 letter b that is for a blood-alcohol rate greater than 0.8 and not more than 1.5 g / ll 'arrest increased from 3 months to 6 months.
In paragraph 2 letter c that is for a blood-alcohol rate exceeding 1.5 g / ll 'arrest changed from "up to 6 months" to "3 months to 1 year." There is also the confiscation of the vehicle, unless it belongs to a person unrelated to the crime.
Al comma 2 bis viene prevista la confisca del veicolo in caso di incidente stradale.
Viene aggiunto il comma 2 quinques in cui viene nuovamente specificata la possibilità da parte degli organi di polizia di far trainare il veicolo, parte che era stata omessa nell’ultima modifica dell’articolo.

Il comma 7 viene modificato reintroducendo il reato di rifiuto dell’accertamento. Tale rifiuto viene punito con le stesse sanzioni previste per il tasso alcoolemico superiore a 1,5 g/l (comma2 lettera c). La revoca della patente si ha se il trasgressore ha subito una sentenza di condanna per lo stesso reato nei due anni precedenti.

Il presente decreto legge modifica anche l’art 222 paragraph 2, where in case of manslaughter committed in a state of alcoholic intoxication, the court shall apply the sanction of revocation of the license.

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.186 was pretty busy and complicated by many changes have taken place by the legislature last year. In the next post will conclude, at least for now, the normative part dedicated to .186 and we will review other changes to the rules of the road safety recently introduced by the decree into law.