The new Highway Code and alcohol. The lawyer, Marco Giuri explains what really changes

The new Highway Code, especially the part related to penalties for driving under the influence of alcohol (which went into effect a few days before the holidays), is at the center of the debate. The limits for fines have not changed compared to those established in 2010 (under 0.5 blood alcohol level, or grams of alcohol per liter of blood, there are no penalties, except for new drivers and some professional categories. Then, the first bracket is 0.5 to 0.8, up to 1.5 the next step, and over 1.5 for the last "quota", ed.). There are some new features, and controls will actually be more frequent. Many people are giving up a single glass at the table, as many restaurateurs and trade associations have confirmed. In other words, the impact on the daily lives of consumers and professionals has been felt (in the meantime, Assoenologi has launched the project "Portami a casa", which we talked about, here), and it is quite upsetting for the future of drivers and for wine and alcohol vendors. To clarify the situation further, WineNews called on the lawyer, Marco Giuri of Studio Giuri in Florence (the audio interview here), who is one of the leading experts regarding regulations in the wine sector. He explained, using a detailed fact sheet (see focus), what really will change.
“Actually, there have been no changes to the blood alcohol level thresholds, but some sanctions have been increased when the rate is higher than 0.8, meaning, therefore, driving under the influence of alcohol. Essentially, if you are stopped and found in this state, in addition to existing sanctions (a fine between 800 and 3.200 euros, increased if the control occurs between 10 pm and 7 am, and arrest for up to 6 months, driving license suspended from 6 months to a year, and a 10-point deduction on the license if the blood alcohol level is up to 1.5, while sanctions become exponentially more severe, up to revoking the license and confiscating the vehicle, if the rate exceeds 1.5), codes 68 and 69 are inserted into the license, only after a final sentence, or the “limitation of use and zero alcohol”. “Basically, Giuri explained, “this introduces a new machine that must be installed on the car at the expense and care, of course, of the person fined, which is called an alcolock. This alcohol lock, which can only be imposed when the rate is higher than 0.8, is a device that effectively prevents the car engine from starting if alcohol is detected on the driver’s breath. Once he is fined and convicted, for at least 2 years following the conviction, which increases to 3 from 1.5 grams per liter and above, he will always have to drive at a zero rate and always drive cars that have the alcohol lock. “At the end of December”, Giuri pointed out, “the Ministry of the Interior sent a memo on this topic, which says that we will have to wait for the implementing decrees from the Ministry of Infrastructure and Transport, for the alcohol lock, to know what characteristics this machine must have, how it must be installed, the authorized workshops, and so on. Therefore, this part of the sanction, which is the innovative one, is also on “stand by” at the moment, because the implementing decrees are missing”.
In any case, personal safety and safety of others comes first. It is always good advice to designate a person in the company you go out with who will not drink that evening, and practical advice, for those who work in our sector, and good practices to follow before getting back behind the wheel, perhaps after having treated yourself to a toast at the table. “Many restaurants and clubs have begun to keep “self-detection” tools for blood alcohol levels, and in my opinion this is a very important aspect. The other aspect to consider”, Giuri explained, “is that there are now various apps online that calculate, more or less, your personal alcohol level based on height, weight, age, sex, and above all, whether you have eaten less. There is a very interesting table from the Istituto Superiore della Sanità to estimate the quantities of alcoholic beverages that determine exceeding the hypothetical blood alcohol level. The table was drawn up in 2017, but it is very well done. They indicate, for instance, that if we drink a 125 cc (about 4 oz) glass of wine, a woman who weighs 55 kg, on a full stomach could actually drink two glasses, because the rate is estimated at 0.24 per 125, while a man weighing 80 kg, on a full stomach, could even drink 3-4 glasses”. Obviously, these are rough estimates, and vary from person to person, so they should be taken only as an indication.
“People will have to self-assess somewhat, with these systems, the apps and the tools that more and more restaurateurs and venue managers will be providing,” explains Giuri explained. Maybe getting portable and personal breathalyzers, which are already on the market, and many others will be coming out. “Absolutely, yes, even though everything clearly depends on the calibrations compared to the official ones that the inspectors use. In any case, they are a useful tool that can give off an alarm signal and indicate whether or not the safety threshold has been exceeded. Furthermore, remembering that first and foremost is the safety of the driver and of others, we must also remember that all the sanctions related to exceeding the threshold are are much higher when the intoxicated driver has caused an accident. So, you need to be very careful before getting behind the wheel, not only about controls, but also the consequences there may be to yourself and to others, following an accident”.
In conclusion, through prudence and moderation, we can still allow ourselves a glass of wine at a restaurant for dinner, even if we have to drive afterwards. “Absolutely yes, as this is the result from medical and scientific studies, therefore”, Giuri concluded, “it is permitted and tolerated”.