New penalties for driving under the influence of alcohol or drugs: what changes in the Highway Code

The penalties increase in proportion to the blood alcohol level. Values from 0.81 to 1.5 grams per litre also constitute an offence. What sanctions are envisaged?

The sanctions in the event of this blood alcohol level are arrest for up to six months and a fine of between EUR 800 and EUR 3200, which is also associated with the suspension of the driving licence from six months to one year.

And beyond 1.5 grams per litre what happens?

In the presence of this blood alcohol level, one speaks of serious intoxication and the consequences in terms of psychophysical alteration are considerable. As are the penalties. In this case, we have a fine ranging from 1,500 to 6,000 euros, to which is associated the penalty of arrest from six months to one year, in addition to the accessory administrative sanction of licence suspension from 1 to 2 years. In this case, the confiscation of the vehicle will also apply, unless it belongs to a person not involved in the violation. In the event that the vehicle cannot be confiscated, the duration of the licence suspension is doubled.

There are drivers who cannot get behind the wheel even after having had a glass of wine. That is, drivers who must be zero alcohol. Who are they?

The law provides for special restrictions for drivers in certain subjective situations. In particular, newly licensed drivers, i.e. drivers who have held a B licence for less than three years and drivers who are less than 21 years old, as well as drivers who carry out transport activities professionally. And, therefore, transport of goods or transport of persons, which also includes drivers in taxi and hire service and all drivers of heavy goods vehicles, i.e. vehicles with a gross laden mass exceeding 3.5 tonnes.

For those who are found with a blood alcohol level above 0.8 per litre and for repeat offenders there is an obligation to drive only vehicles with alcolock. Can you explain, for those who have never heard of it, what it is?

This is the real novelty of the new regulations. An obligation has been introduced for people who have been convicted of drink-driving offences to drive vehicles equipped with alcolock devices. The device is installed on the vehicle and measures the blood alcohol level of the driver who, before starting his journey, must blow into this device in order to start the engine.

What happens to those who are found driving under the influence of drugs instead?

The conduct of driving after taking drugs also has significant consequences in terms of sanctions. In this case, a fine of between EUR 1,500 and EUR 6,000 and imprisonment from six months to one year will apply after conviction. Moreover, the accessory sanction of the suspension of the driving licence from 1 to 2 years is provided for, in addition to the confiscation of the vehicle, unless it belongs to persons not involved in the offence. In this case, if confiscation cannot be applied, the duration of the licence suspension is doubled.

The procedures for recognising impaired driving conditions have also changed. What is new?

It used to be that in order to be able to prosecute a driver for driving after taking drugs, it was necessary to acquire evidence not only of the taking of the substance, but also of an actual altered state related to the taking of that substance. Now the offence itself has changed. We no longer speak of driving while impaired, but of driving after taking the drug. Therefore, when the new rules come into force, it will be sufficient for the traffic police to acquire proof through the examination of samples of liquid from the oral cavity, i.e. saliva, of the assumption of the drug, and in the event of a positive result, to press charges against the driver.

The penalties will rise when the law comes into force on 14 December 2024. Taking alcohol and drugs when driving increases the risk of causing and being in a road accident. The Ministry of Health points out that in the European Union alone, according to EU Commission estimates, around 10,000 people die each year in road accidents caused by alcohol abuse and it is the leading cause of death for young people in the 18-24 age group. Our call is to obey the rules and get behind the wheel without drugs or alcohol. Let us all stop this slaughter.