In a significant update to Italy's approach to drug use while driving, a circular dated April 11, 2025, from the Ministries of Interior and Health has clarified the enforcement of the new road code that took effect in December 2024. This circular addresses the controversial changes made to Article 187, which previously removed the requirement of demonstrating psycho-physical alteration for punishing drivers under the influence of drugs.
The reforms, championed by Transport Minister Matteo Salvini, initially aimed to impose strict penalties on anyone testing positive for drugs, regardless of whether the substance affected their driving ability. This led to widespread criticism and concerns about constitutional legality, prompting the Tribunal of Pordenone to refer the matter to the Constitutional Court.
The recent circular effectively reverses the initial stringent stance by reinstating the need to establish a correlation between substance intake and impaired driving. It emphasizes that a driver can only be penalized if it can be proven that the drug still affects their ability to operate a vehicle at the time of driving.
According to the circular, "a temporal correlation between the intake and driving must be established, which manifests as a lasting influence of the drug able to negatively affect driving ability." This marks a shift back to evaluating the state of psycho-physical alteration, a criterion that had been removed in the earlier legislative changes.
Prior to this clarification, a positive drug test—regardless of when the substance was consumed—was enough to trigger penalties, including license suspension. The circular now specifies that it must be proven that the substance was ingested close to the time of driving, ensuring that it still exerts its effects on the driver.
To determine this, the presence of active substances must be confirmed through blood or saliva tests, which are the only biological matrices capable of indicating whether the drug is still affecting the driver. The circular explicitly states that urine tests are inadequate for this purpose, as they may detect substances long after their effects have worn off.
In practical terms, police officers are required to conduct a preliminary saliva test if they suspect drug use during roadside checks. If the initial test is positive, two additional saliva samples must be taken and stored at 4 degrees Celsius before being sent to a forensic toxicology lab for further analysis. This second-level analysis, referred to as a "confirmation" test, is the only one that can lead to an official charge.
The circular also addresses the issue of drug use related to prescribed medications. It stipulates that if traces of drugs are found that are associated with medical treatments, individuals cannot be penalized. This provision aims to protect those who may be using medications that contain similar active ingredients to illicit substances.
As the Ministry of Transport reiterated, "the directive adopted on April 11 aligns fully with the new rules aimed at punishing those who drive after consuming drugs while moving away from the subjective and unprovable concept of 'state of alteration.'" This statement reflects the government's intent to maintain a strict stance against drug use while ensuring that penalties are just and based on actual impairment.
Despite the adjustments made in the circular, legal experts and anti-prohibition advocates remain cautious. The Tribunal of Pordenone's inquiry into the constitutionality of the road code highlighted significant concerns about the fairness of punishing individuals based solely on the presence of drugs in their system without assessing their actual impact on driving.
The situation remains dynamic, with the Constitutional Court expected to weigh in on the legitimacy of the revised road code and its implications for public safety. As it stands, the new guidelines represent a compromise between enforcing road safety and respecting individual rights, aiming to ensure that only those who pose a genuine risk to road safety are penalized.
In conclusion, while the circular from the Ministries of Interior and Health clarifies and softens the approach to drug use in driving, the ongoing discussions around its implications for public safety and individual rights continue to unfold. The balance between maintaining road safety and ensuring fair treatment for all drivers remains a critical issue in Italian law.
