Drunk Driving: Cassation Ruling 24510/2025 Clarifies Community Service Work

The offense of drunk driving is one of the most common offenses in the realm of road traffic criminal law, with significant consequences for both public safety and the lives of defendants. In this context, the possibility of accessing alternative sanctions, such as community service work (LPU), plays a crucial role. However, the application of such measures is not always free from interpretative complexities. It is precisely on one of these points that the Court of Cassation has ruled with Judgment no. 24510 of 23/06/2025 (filed on 03/07/2025), offering an essential clarification that deserves careful analysis.

Community Service Work in Drunk Driving Offenses

Community service work is a substitute penalty that allows a convicted person for minor offenses, including drunk driving (Art. 186 of the Highway Code), to perform unpaid work for the benefit of the community. This measure, in addition to pursuing a rehabilitative purpose, offers an opportunity for social redemption and, if successful, results in the extinction of the offense, a reduction of the driving license suspension by half, and the revocation of vehicle confiscation. The general provisions for LPU are contained in Legislative Decree no. 274 of 2000, while Article 186, paragraph 9-bis, of the Highway Code specifies its application for drunk driving.

In the context of drunk driving offenses, Article 186, paragraph 9-bis, of the Highway Code introduces a derogation to the statutory duration of community service work penalties indicated by Article 54, paragraph 2, of Legislative Decree no. 274 of August 28, 2000, but not also to the calculation criterion for the substitute penalty established by the fifth paragraph of the same article.

This maxim, resulting from the ruling of the Supreme Court, presided over by Dr. D. M. G. and with Dr. C. F. as rapporteur, proves to be of fundamental importance. It clarifies a specific aspect of the application of community service work in cases of drunk driving. In summary, the Cassation states that, although Article 186, paragraph 9-bis, of the Highway Code allows for a 'derogation' to the overall duration of LPU established generally by Article 54, paragraph 2, of Legislative Decree 274/2000 (which sets a maximum limit), this derogation does not extend to the 'calculation criterion' of the substitute penalty. The latter, in fact, must continue to follow the methods indicated by the fifth paragraph of the same Article 54.

Statutory Duration vs. Calculation Criterion: Implications of the Ruling

To fully understand the scope of the decision, it is necessary to distinguish between