If you have been charged with Driving Under the Influence (DUI) in Italy, it is crucial to understand the legal process and your potential defense options.
The Public Prosecutor’s Office may issue a summary judgment, resulting in a criminal fine imposed by the Investigating Judge. You have the right to contest this decision within 15 days by filing an opposition. It is strongly advised to consult with an attorney promptly to explore your legal options.
Alternatively, the Public Prosecutor may proceed with a formal investigation, notifying you and your Attorney of the charges. This allows you and your lawyer to review the evidence and develop a defense strategy. At this stage, you can challenge the legality of the investigation, such as questioning the validity of the breathalyzer test or the adequacy of your Miranda rights.
Several legal procedures are available to address DUI charges:
- Plea bargain: This involves negotiating a plea agreement with the prosecution, typically resulting in a reduced sentence. While it can be a way to avoid a trial, it is important to understand that a plea bargain is still a conviction.
- Abbreviated procedure: This procedure allows for a quicker resolution of the case, often resulting in a reduced sentence.
- Trial: If you maintain your innocence, you have the right to a trial. This allows you to present evidence and challenge the prosecution’s case.
The choice of which procedure to pursue depends on various factors, including the strength of the evidence against you, the specific charges, and your personal circumstances. It is essential to consult with an experienced DUI attorney to discuss your case and develop a tailored defense strategy.