Drink Driving in Italy: The Article 186 Blood Alcohol Bands and Penalties

Italy does not treat drink driving as a single offense with a single penalty. Article 186 of the Codice della Strada (D.Lgs. 285/1992) sets three separate blood alcohol bands, and only the lowest of them is a simple administrative fine. The other two are criminal offenses that carry arrest exposure, and the top band adds forfeiture of the vehicle.
This page is built around that band table, because the band a reading falls into, not just the number itself, determines whether the driver is facing a fine or a criminal record.
Information verified on 20 July 2026. This page provides general legal information and does not constitute legal advice for an individual situation.
The three bands under article 186
| Band | Blood alcohol (g/l) | Classification | Fine | Detention exposure | Licence suspension |
|---|---|---|---|---|---|
| 1 | over 0,5, up to and including 0,8 | illecito amministrativo (not a crime) | €543 to €2.170 | none | 3 to 6 months |
| 2 | over 0,8, up to and including 1,5 | reato (crime) | ammenda €800 to €3.200 | arresto up to 6 months | 6 months to 1 year |
| 3 | over 1,5 | reato (crime) | ammenda €1.500 to €6.000 | arresto 6 months to 1 year | 1 to 2 years (doubled to 2 to 4 years if the vehicle belongs to an uninvolved third party), plus confisca of the vehicle unless it belongs to that third party. On a second conviction within two years the licence is ALWAYS revoked |
These figures come from the consolidated text of article 186, comma 2, verified against normattiva today. The text now in force also carries the December 2024 additions on licence codes, covered further down this page.
Where exactly a reading on the line falls
The statute's own wording resolves the boundary cases, because each band is defined as «superiore a» (strictly above) a lower figure and «non superiore a» (not above, meaning up to and including) an upper figure. A reading of exactly 0,5 g/l does not reach band 1 at all: the offense requires a value strictly above 0,5. A reading of exactly 0,8 g/l falls in band 1, because band 1 runs up to and including 0,8. A reading of exactly 1,5 g/l falls in band 2, because band 2 runs up to and including 1,5.
Only a reading strictly greater than 1,5 g/l reaches band 3.
Causing an accident: what doubles, and what does not
Article 186, comma 2-bis provides that if a driver in a state of ebbrezza causes a road accident, the sanctions of comma 2, and those of comma 3 of article 186-bis (the zero-tolerance band, covered below), are doubled, and the vehicle is subject to a 180-day fermo amministrativo (administrative impoundment), unless the vehicle belongs to someone uninvolved in the offense. Separately, if the driver who caused the accident tested above 1,5 g/l, the licence is always revoked rather than merely suspended, subject to the same third-party vehicle exception that applies to band 3 generally.
This 180-day fermo is a distinct consequence from the sequestro (temporary seizure pending trial) and confisca (permanent forfeiture on conviction) that attach to band 3 itself: the fermo is specifically tied to causing an accident, not to the blood alcohol reading alone.
Refusing the test
Article 186, comma 7 punishes refusing to submit to the breath or blood test as though the driver had tested in band 3: the same ammenda (€1.500 to €6.000), the same arresto exposure, a licence suspension of 6 months to 2 years, and confisca of the vehicle under the same procedure and the same uninvolved-third-party exception that applies to band 3. A driver already convicted of the same refusal offense within the previous two years always has the licence revoked rather than suspended.
Zero tolerance for new, young, and professional drivers
Article 186-bis sets a separate, stricter regime for four groups: drivers under 21 or within the first three years of holding a category B licence; drivers who transport passengers professionally; drivers who transport goods professionally; and drivers of heavier vehicles, buses, and articulated vehicles. For these drivers, any reading above 0 (zero) and up to and including 0,5 g/l, a level that carries no consequence at all for an ordinary driver, is itself a violation: a fine from €168 to €672, doubled if the driver causes an accident while in that condition.
If a driver in one of these groups tests above 0,5 g/l, the ordinary article 186 bands still apply, but increased: by one third for band 1, and by one third to one half for bands 2 and 3. A driver in the heaviest-vehicle category (article 186-bis, comma 1, lettera d) who tests above 1,5 g/l always has the licence revoked; the other covered drivers face revoca instead of suspension only on a repeat offense within three years. A driver under 18 who tests in the zero-tolerance band cannot obtain a category B licence before turning 19; one who tests above 0,5 g/l cannot obtain it before turning 21.
The alcolock and "niente alcool" licence codes
The reform enacted by Legge 25 novembre 2024, n. 177, in force since 14 December 2024, added comma 9-ter to article 186. On conviction under band 2 or band 3, meaning comma 2, lettera b) or lettera c), the driver's Italian licence is always marked with two EU harmonised restriction codes: Codice 68 («niente alcool», no alcohol at all) and Codice 69 (restricted to vehicles fitted with an alcolock device meeting standard EN 50436). These codes are not attached for a band 1 conviction, because band 1 is an illecito amministrativo, not a reato, and comma 9-ter is triggered specifically by a criminal conviction.
The codes stay on the licence for at least 2 years for a band 2 conviction, or at least 3 years for a band 3 conviction, counted from when the licence is returned after sentencing, and the prefetto orders a revisione (review) of the licence to add them. The same requirement extends to an EU or EEA licence holder who has taken up residence in Italy. A related comma, 9-quater, increases the ordinary band penalties by one third for a driver already carrying these codes who commits a further article 186 violation, and doubles the penalty outright if the alcolock device itself was tampered with or its seals broken.
Vehicle consequences: sequestro, confisca, and fermo
These three terms describe different things and attach to different bands. Sequestro is the temporary seizure that happens at the roadside once a band 3 or refusal violation is ascertained, governed by article 224-ter C.d.S., which applies the general seizure procedure of article 213. Confisca is the permanent forfeiture ordered by the court on conviction for band 3 or refusal, unless the vehicle belongs to a person uninvolved in the offense. Fermo amministrativo is the separate 180-day impoundment that applies specifically when the driver caused an accident, under comma 2-bis, regardless of which band the reading falls in.
None of the three applies to a band 1 (administrative) violation. Confisca and sequestro never attach to a band 2 conviction at all, with or without an accident: an accident at band 2 adds the doubling and the 180 day fermo under comma 2-bis, and nothing more.
Three worked examples
A driver stopped at a routine checkpoint tests 0,65 g/l, causes no accident, and has no prior offense: this falls in band 1, an illecito amministrativo carrying a fine somewhere in the €543 to €2.170 range depending on the circumstances the officer records, plus a licence suspension of 3 to 6 months. No criminal record results, and no alcolock code attaches.
A driver tests 1,1 g/l and causes a minor accident: this falls in band 2, and comma 2-bis doubles the applicable sanctions because an accident occurred, bringing the exposure to roughly €1.600 to €6.400 in ammenda and up to 12 months of arresto, plus a doubled suspension range and a 180-day fermo of the vehicle (unless it belongs to an uninvolved third party). On conviction, codes 68 and 69 attach to the licence for at least 2 years.
A neopatentato in the second year of holding a licence tests 0,3 g/l: this driver is held to the zero-tolerance band under article 186-bis rather than the ordinary bands, so the consequence is a fine from €168 to €672 rather than no consequence at all, with no criminal exposure and no vehicle confiscation.
A driver refuses the breathalyzer at a checkpoint: this is treated as though the driver had tested in band 3, so the exposure is the full band 3 range, ammenda €1.500 to €6.000, arresto 6 months to 1 year, licence suspension 6 months to 2 years, and confisca of the vehicle unless it belongs to an uninvolved third party.
Unlike the fine for a red light under art. 146 C.d.S., which increases by one third for a violation between 22:00 and 07:00 under art. 195, comma 2-bis, that night surcharge does not apply to article 186 offenses; article 186 is not among the articles that provision lists. For the fine, points, and appeal mechanics that apply to a red light stop instead, see our companion page, red light fines in Italy. For the full index of Italy coverage, see the Italy hub.
Frequently Asked Questions
What is the legal blood alcohol limit for driving in Italy?
There is no tolerance above 0,5 g/l for an ordinary driver. Above that figure, three escalating bands apply under art. 186 C.d.S., from an administrative fine up to a criminal offense with arrest exposure and vehicle confiscation. Neopatentati, drivers under 21, and professional drivers face a zero-tolerance rule starting above 0 g/l instead, under art. 186-bis.
Is drink driving a criminal offense in Italy?
It depends on the band. A reading over 0,5 up to and including 0,8 g/l is an illecito amministrativo, not a crime. A reading over 0,8 g/l is a reato (crime), carrying an ammenda and arresto exposure rather than only a fine.
What happens if my blood alcohol reads exactly 0,8 g/l?
The statute defines band 1 as running up to and including 0,8 g/l, so an exact 0,8 reading falls in band 1, the administrative band, not band 2. Band 2 begins strictly above 0,8 g/l.
Will my car be confiscated for drink driving in Italy?
Confisca applies only to a band 3 conviction (over 1,5 g/l) or a refusal to be tested, and only if the vehicle belongs to the driver or another person involved in the offense. A vehicle belonging to someone uninvolved in the offense is not confiscated, though the licence suspension is doubled instead in that situation.
What are licence codes 68 and 69 in Italy?
They are EU harmonised restriction codes added to an Italian licence on conviction under band 2 or band 3 of art. 186. Code 68 means no alcohol at all is permitted; code 69 restricts the licence to vehicles fitted with an EN 50436 alcolock. They apply for at least 2 years (band 2) or 3 years (band 3), under art. 186, comma 9-ter, added by the reform in force since 14 December 2024.
What happens if I refuse the breathalyzer test?
Refusal is punished as though band 3 applied: ammenda from €1.500 to €6.000, arresto from 6 months to 1 year, licence suspension from 6 months to 2 years, and confisca of the vehicle unless it belongs to an uninvolved third party, under art. 186, comma 7.
What is the zero-tolerance rule for new drivers?
Under art. 186-bis, drivers under 21, those in the first three years of holding a category B licence, and professional or heavy-vehicle drivers face a fine from €168 to €672 for any reading above 0 up to and including 0,5 g/l, a level that carries no consequence for other drivers. The fine doubles if the driver causes an accident.
Does causing an accident make the penalties worse?
Yes. Art. 186, comma 2-bis doubles the applicable sanctions and adds a 180-day administrative impoundment of the vehicle when the driver causes an accident while over the limit, and a reading over 1,5 g/l combined with causing an accident always results in revoca of the licence rather than suspension.
Sources and References
- art. 186 C.d.S., Guida sotto l’influenza dell’alcool (the three blood alcohol bands, refusal, and the alcolock licence codes)(normattiva.it).gov
- art. 186-bis C.d.S., Guida sotto l’influenza dell’alcool per conducenti under 21, neopatentati e professionisti (zero-tolerance band)(normattiva.it).gov
- art. 222 C.d.S., Sanzioni amministrative accessorie all’accertamento di reati (court-ordered suspension and revocation framework)(normattiva.it).gov
- art. 223 C.d.S., Ritiro della patente di guida in conseguenza di ipotesi di reato (immediate seizure and provisional suspension)(normattiva.it).gov
- art. 224-ter C.d.S., Procedimento di applicazione della confisca amministrativa e del fermo amministrativo (seizure pending forfeiture)(normattiva.it).gov
- art. 195 C.d.S., Applicazione delle sanzioni amministrative pecuniarie (confirms the night surcharge list does not include art. 186)(normattiva.it).gov
- Legge 25 novembre 2024, n. 177 (road safety reform, in force 14 December 2024, added the licence codes 68 and 69 to art. 186)(gazzettaufficiale.it).gov
- La guida in stato di ebbrezza, Polizia di Stato(poliziadistato.it).gov
- Il Portale dell'Automobilista, Ministero delle Infrastrutture e dei Trasporti(ilportaledellautomobilista.it).gov
- Ministero delle Infrastrutture e dei Trasporti(mit.gov.it).gov