Stopped with a positive breathalyzer or facing charges after driving in Italy? Italian criminal lawyers on your side, handling your case remotely and in English. We assess your case within 24-48 hours.
Drunk Driving (DUI) in Italy
English-Speaking Defense Lawyers for Foreign Drivers
Immediate advice, criminal defense and recovery of your right to drive.
English-speaking lawyers in Italy for DUI cases: technical analysis of the police report and breathalyzer, defense investigations with a technical consultant, procedural objections and representation before the court. One point of contact, from the licence withdrawal to the judgment, handled remotely.
English & Remote
We work in English and handle your case remotely; in most cases you don’t need to return to Italy.
Breathalyzer Challenge
We verify approval, calibration and periodic checks of the device and the reliability of any blood test.
Right to Drive & Vehicle
Recovering your right to drive in Italy and release of the vehicle, including rental cars.
Alternatives to Conviction
Particular tenuity, probation and community service to extinguish the offense.
What you risk under Italian law
Consequences depend on the blood alcohol level recorded (Article 186 of the Highway Code). Knowing your level is the first step to building a defense.
Level 1: 0.5-0.8 g/l - administrative offense
The lightest level: not a crime, but an administrative offense. It carries a fine of EUR 543 to 2,170 and a licence suspension (or ban on driving in Italy) of 3 to 6 months. Here too the defense can affect the amount and the duration.
Level 2: 0.8-1.5 g/l - criminal offense
Now it is a crime: fine of EUR 800 to 3,200, possible arrest up to 6 months and suspension of 6 months to 1 year. In many cases a conviction can be avoided or the penalty replaced.
Over 1.5 g/l - serious crime
The most severe level: fine of EUR 1,500 to 6,000, arrest from 6 months to 1 year, suspension of 1 to 2 years, confiscation of the vehicle and revocation of the licence on a repeat offense within two years. The defense strategy here is decisive.
Refusing the breathalyzer
Refusing the test is punished as the most serious level (over 1.5 g/l). Even here there are defense arguments to assess case by case.
Foreign & tourist drivers
If you do not hold an Italian licence, the suspension usually takes the form of a ban on driving in Italy for the corresponding period, while the criminal case is still handled by the Italian court. A rental car is generally not confiscated, because it belongs to a third party (the rental company).
2024 reform: alcolock and licence codes
Since 14 December 2024 (Law 177/2024) the thresholds and base penalties are unchanged, but criminal convictions (levels 2 and 3) now add EU codes 68 (“no alcohol”) and 69 to the licence, and a repeat offense within two years triggers an alcolock requirement. These are new issues where legal assistance matters.
How we defend you
A clear method, a strategy built on your case
Step 1 - Review of the police report and your position
We examine the police report, the breathalyzer printout and the file, identify the alcohol level charged and any grounds of nullity or inadmissibility.
Step 2 - Technical checks on the breathalyzer
We check the approval, calibration and periodic revision of the device: it is up to the prosecutor to prove the breathalyzer was working properly (Italian Supreme Court 38618/2019). We also assess the reliability of any blood test.
Step 3 - Defense guarantees and objections
We check whether you were given the warning of your right to be assisted by a lawyer before the test: its omission causes a nullity that can be raised up to the first-instance judgment (Supreme Court, Joint Sections, 5396/2015).
Step 4 - Recovering your right to drive
We file an appeal to the Justice of the Peace against the prefect’s suspension or driving ban (within 30 days) and manage the medical board visit and the temporary driving permit where available.
Step 5 - Alternatives to a conviction
Where acquittal is not possible, we assess community service (which halves the suspension, extinguishes the offense and avoids confiscation), probation and particular tenuity of the offense (Article 131 bis of the Criminal Code).
Step 6 - Judgment: acquittal or extinction
We represent you before the Justice of the Peace and the court, including opposition to a penal decree of conviction, aiming for acquittal or the least burdensome outcome for you.
The points we check first
Where the defense can make the difference
What to check
- ✓ Missing warning of the right to appoint a lawyer
- ✓ Breathalyzer not approved, calibrated or revised
- ✓ Abnormal conditions of use (temperature, humidity)
- ✓ Blood test run on serum/plasma instead of whole blood
- ✓ Symptom-based assessment only, with no certain reading
- ✓ Deadlines: 30 days for the licence, 15 for the penal decree
How OS Law steps in
- ✓ Defense investigations with a technical consultant
- ✓ Objections of nullity and inadmissibility of the evidence
- ✓ Burden of proof placed on the prosecutor
- ✓ Appeal to the Justice of the Peace to recover the right to drive
- ✓ Requests for tenuity, probation or community service
- ✓ Full assistance until the outcome of the proceedings
Licence withdrawn or a penal decree? Act now
Have you been banned from driving or had your licence withdrawn, or received a penal decree of conviction (decreto penale)? The deadlines are short and they matter: the appeal to the Justice of the Peace against the suspension must be filed within 30 days, the opposition to the penal decree within 15 days of notification. For foreign drivers these notices are often sent to an Italian address, so appointing a lawyer quickly is essential.
We immediately review the report and the file, identify grounds of nullity or inadmissibility and choose the strategy with you: acquittal, replacement of the penalty or extinction of the offense.
Before any action we give you a realistic and honest assessment of your actual chances of success.
Frequently asked questions
Quick answers to the most common questions about your licence, penalties and defense in drunk-driving cases in Italy.
Do I have to travel back to Italy for the hearing?
In most cases, no. We represent you by special power of attorney and handle the proceedings on your behalf, keeping you updated in English.
Will an Italian DUI affect my licence or record at home?
The Italian measure primarily concerns driving in Italy; the effect on your home licence or record depends on your country’s rules. We help you understand the practical impact for your situation.
I was driving a rental car. Will it be confiscated?
Confiscation applies only above 1.5 g/l and not when the vehicle belongs to a third party, such as a rental company, so a rental car is generally returned. We deal with the release of the vehicle.
Is the breathalyzer always valid evidence?
No. It can be challenged if the device was not approved, calibrated or revised, or if you were not warned of your right to a lawyer. The prosecutor must prove the device worked correctly.
Can I avoid a criminal conviction?
In many cases yes. Beyond acquittal on the merits, there are particular tenuity of the offense (Article 131 bis), probation and community service, which can lead to the offense being extinguished.
How do you communicate with me?
Entirely in English, by email and video call. We send you clear updates at each stage of the proceedings.
How much does the defense cost?
It depends on the level and the complexity of the case. We start with an assessment of your police report and set out the activities, timelines and costs transparently, before any commitment.
Charged with DUI in Italy? Request your assessment now
Fill in the form: a lawyer will review your police report and outline your defense options, the deadlines and the most effective strategy, from recovering your right to drive to protection in court. We work in English and, in most cases, you will not need to return to Italy.
Prefer to write or call? Phone: +39 030 2942095 – Email: info@oslaw.it. Office in Brescia. We usually reply within 24 business hours.
The information on this page is general and does not replace advice on your specific case.
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Albert
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Abhi
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