Facing a charge of vehicular homicide represents one of the most critical and dramatic moments in a person's life, especially when the aggravating circumstance of driving under the influence of psychophysical impairment is contested. The emotional complexity of the event is compounded by an extremely severe regulatory framework, introduced to curb the phenomenon of fatal accidents. As a criminal lawyer in Milan, I deeply understand the burden that falls on the suspect and their family in these circumstances, where personal freedom and future are seriously at risk. It is crucial to approach the situation with clarity, relying on a technical defense that can analyze every detail of the accident and the verification procedures, as even a formal defect can be decisive for the outcome of the trial.

The Regulatory Framework for Aggravated Vehicular Homicide

Article 589-bis of the Italian Penal Code governs the crime of vehicular homicide, providing for significantly increased penalties compared to the past, particularly when the act is committed by a driver in a state of alcoholic intoxication or psychophysical impairment resulting from the use of narcotic or psychotropic substances. The legislator intended to punish with particular severity those who, by violating traffic regulations, cause the death of a person while being unfit to drive. Custodial sentences can vary significantly based on the blood alcohol level found: if the driver has a level exceeding 1.5 grams per liter or is under the influence of drugs, the imprisonment ranges from eight to twelve years. Even a blood alcohol level between 0.8 and 1.5 g/l entails an increased penalty compared to the base scenario, demonstrating how the law does not tolerate recklessness related to substance use.

In addition to custodial sentences, a conviction for aggravated vehicular homicide entails very heavy accessory penalties, including the revocation of the driving license, which can be ordered for a very long period, effectively preventing the convicted person from resuming a normal working and social life for years. It is important to emphasize that ascertaining the state of impairment is not a mere formality, but a technical procedure that must follow rigorous protocols. Jurisprudence requires a certain causal link between the state of impairment and the accident: it is not enough to test positive; it must be proven that this state actually affected driving ability and caused the fatal event. This aspect opens crucial defensive avenues that an experienced criminal law attorney must be able to explore with expertise.

The Defensive Approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an attorney specializing in traffic offenses in Milan, is based on a meticulous and technical defense strategy, aimed at verifying the correctness of every phase of the preliminary investigation. In cases of aggravated vehicular homicide, the defense is not limited to the kinematic reconstruction of the accident but extends to the scientific analysis of toxicological tests. In fact, blood samples or breathalyzer tests can often present procedural defects, such as the failure to inform the suspect of their right to have legal assistance during the test, or flaws in the chain of custody of biological samples. The firm's objective is to ensure that the client's rights are fully protected and that illegally obtained evidence is not used.

The strategy adopted by Studio Legale Bianucci often involves collaboration with external technical consultants, such as forensic doctors and kinematic engineers, to offer an alternative and scientifically founded reconstruction of the events. As a criminal lawyer with consolidated experience, Avv. Marco Bianucci carefully assesses whether the accident was caused solely by the suspect's conduct or if there were contributing factors, such as the victim's behavior or road conditions, that could mitigate criminal responsibility. Contesting the aggravating circumstance of impairment is often the core of the defense: proving, for example, that the substance use occurred days before and was not active at the time of driving can radically change the sanctioning scenario, transforming a very serious charge into a less severe offense.

Frequently Asked Questions

What are the penalties for vehicular homicide under the influence of alcohol?

Penalties vary based on the blood alcohol level found at the time of the offense. If the blood alcohol level exceeds 1.5 g/l, the penalty is imprisonment from 8 to 12 years. If the level is between 0.8 and 1.5 g/l, the penalty is imprisonment from 5 to 10 years. It is crucial to remember that these penalties can increase if the driver caused the death of multiple people or if they fled the scene after the accident. Technical defense aims to verify the accuracy of the measurement to potentially reclassify the crime into a less serious offense.

Is it possible to contest the results of a breathalyzer or drug test?

Yes, it is possible and often necessary to verify the validity of the tests. The instruments used, such as breathalyzers, must be regularly approved and calibrated; the lack of these certifications can render the test invalid. Furthermore, regarding narcotic substances, the mere presence of traces in the blood does not automatically prove a current state of impairment at the time of driving, as some substances remain in the body for days. An experienced criminal lawyer will know how to analyze medical records and official reports to identify any procedural defects.

What happens to the driving license in case of vehicular homicide?

In case of conviction or plea bargain for vehicular homicide, the automatic revocation of the driving license is stipulated. If the crime is committed while intoxicated or under the influence of narcotics, the convicted person cannot obtain a new license for 15 years from the revocation. In particularly serious cases, this period may be extended. However, during preliminary investigations, the license is temporarily withdrawn by the Prefect; it is possible to appeal this measure to attempt to obtain its return or a reduction of the suspension period while awaiting judgment.

Is arrest mandatory in cases of aggravated vehicular homicide?

Arrest in flagrante delicto is mandatory for the crime of aggravated vehicular homicide due to severe intoxication (level > 1.5 g/l) or drug impairment. This means that law enforcement officers immediately deprive the driver of their personal liberty. However, the judge, during the validation of the arrest, may decide to apply precautionary measures less severe than imprisonment, such as house arrest, if the defense can demonstrate the absence of exceptional precautionary needs. The timely intervention of an attorney is crucial at this stage.

Request Urgent Legal Consultation

If you or a family member are involved in proceedings for vehicular homicide or serious injury, time is a critical factor. It is essential to build the defense strategy from the first hours following the accident. Avv. Marco Bianucci receives clients at his office in Milan, at Via Alberto da Giussano 26, to analyze the case with the utmost confidentiality and professionalism. Contact Avv. Marco Bianucci for an immediate assessment of your situation and to define the most effective strategy to protect your freedom.