12 Oct driving under the influence

In the case of driving under the influence is no obligation of prior notice to the driver involved in a road accident to be assisted by counsel of trust (in accordance with Articles 356 the Penal Code and 114 the provisions implementing the Code of Criminal Procedure), in relation to the blood sample at a health facility aimed ascertain the BAC, if the execution of such blood sampling is not done as part of ordinary health protocols, but both independently required by the judicial police. Consequently, there is no such requirement when the assessment is carried out for therapeutic purposes and is not solely aimed at the search for evidence of the guilt of the person indicted (Cass. 32512/19).