Evaluation of different roadside drug testing : [country report] Italy. Roadside Testing Assessment ROSITA, Deliverable D4 Italy.

Author(s)
Ferrara, S.D. Frison, G. Maietti, S. Zancaner, S. & Tedeschi, L.
Year
Abstract

Since 1992, a specific legislation on driving under the influence (DUI) of alcohol and psychoactive substances is existing in Italy (Art. 186 and 187 respectively of Law 285/1992, the New Highway Code). It covers alcohol, with a Blood Alcohol (BAC) limit of 80 mg/100 ml, and stupefying and psychotropic substances, without mentioning specific substances or legal limits. The procedure for DUI ascertainments may be initiated by Police in case of road accidents or when physical and psychic alteration is suspected, on the basis of circumstantial or subjective clinical signs. Sanctions are imposed against drivers who have a documented impaired driving performance or drivers involved in traffic accidents and found positive for alcohol and drugs. As regards DUI of psychoactive substances, the Police, in case of road accidents or suspicion of physical and psychic alteration may accompany the driver to health structures where samples of biological fluids will be taken. Art. 187 does not state which kind of biological fluids must be taken. Nevertheless, medical examinations should be made in conditions of clinical safety excluding recourse to invasive techniques. Therefore, a driver informed consent for clinical ascertainments and sampling of biological fluids is needed. In any case, refusal to cooperate with Police is punished with the same administrative and penal sanctions deriving from positive ascertainments. The basis for a conviction for drugs and driving is the Police report which usually contains the documentation of clinical and analytical data or the driver refusal. Daytime roadside ascertainments for alcohol and psychoactive substances are usually made in Italy by Highway Police, Local Traffic Police and Carabinieri from Armed Forces, in occasion of road accidents or when driver physical and psychic alteration is suspected. Nevertheless, the prevalence of alcohol and psychoactive substances in the driving population, not involved in road accidents, has never been investigated on a regular basis in Italy. The only continuative initiative in this field was taken by the Centre of Behavioural and Forensic Toxicology (CBFT) of Padova University in collaboration with the Highway Police of North-East Italy and Italian Red Cross (1-8). Due to the lack and/or limitations of specific legislation (indications of specific substances, kind of biological fluids to be taken, necessities of clinical safety, etc.), roadside drug tests have been up to now sporadically carried out in some regions of Italy. The ROSITA project can be considered the first comprehensive experience in this field carried out in Italy with full cooperation between scientific institutions and Police forces. (Author/publisher) For more information see http://www.rosita.org/

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Publication

Library number
20060751 ST [electronic version only]
Source

Brussels, Commission of the European Communities CEC, Directorate General VII Transport, 2000, 12 p., 10 ref.; Contract DG VII RO 98-SC.3032

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