driving under the influence of alcohol

For the purposes of configuring the offense for driving under the influence of alcohol, it is up to the Public Prosecution body, as part of the test of the correct measurement of the alcohol level using a breathalyser, demonstrate the regularity of the periodic checks to which the breathalysers must be subjected annually. Once this is proven, the regular functioning of the meter cannot be questioned on the mere formal significance that, from the date of its approval, the checks did not take place on an exact annual basis, provided that the certification of the successful calibration of the device is functional to demonstrate its regular operation on the date on which the assessment is performed (Cass. 24424/21).