License withdrawal can happen suddenly, during a checkpoint or after an accident, leaving you with very practical doubts: can I drive to get to work? When will the prefect's order arrive? Is the contested fact a simple administrative violation or does it also trigger criminal proceedings? In Milan, as elsewhere, the answer depends first of all on the reason for the withdrawal and the document you receive.
In this guide, I want to clarify the difference between withdrawal, suspension, and revocation; explain what changes in cases involving alcohol or narcotics; and outline the steps you should not overlook. A driver's license is not just a document: its unavailability can affect your job, family care, and daily travel. Precisely for this reason, it is important to carefully read the report and any eventual order, without confusing remedies and deadlines of different proceedings.
Withdrawal, suspension and revocation are not the same thing
Withdrawal is the immediate act by which the police physically seize the driver's license. It does not always coincide with the final decision on the right to drive: it often initiates the proceedings that will lead to the prefect's order or connects to criminal proceedings. The report handed over at the time of the checkpoint indicates the contested violation, the observed circumstances, and, as a rule, the destination of the document.
Suspension temporarily prohibits driving. Its duration depends on the specific rule violated and, in administrative cases, the prefect determines it within statutory limits by considering the seriousness of the violation, the damage produced, and the danger arising from the continuation of traffic. The general mechanism is governed by Article 218 of the Highway Code.
Revocation is more radical. It does not consist in waiting for the document to be returned after a fixed period: it terminates the driving qualification and entails obtaining a new license according to the conditions established by law. Therefore, it is essential not to use the three terms as synonyms. Understanding from the outset which measure has been initiated avoids waiting for a restitution that the act does not actually provide for.
When the ordinary suspension procedure applies
For many administrative violations involving suspension, the officer withdraws the license and transmits it, along with a copy of the report, to the prefecture of the place where the violation was committed within five days. The prefect then issues the suspension order. Territorial jurisdiction therefore follows the location of the event, not necessarily the municipality of residence or where your workplace is located.
Adoption and service of the order are different steps. Article 218 provides fifteen days for adoption of the suspension order, or thirty when an application for a limited driving permit is made. The calculation must take account of the withdrawal and transmission dates: the provision first requires the document to be sent to the prefecture within five days and then sets the prefect’s deadline. Failure to adopt the order in time allows a request for return of the licence; simply not having received notification does not authorise driving. These rules must not be extended to provisional suspension for a criminal offence under Article 223.
The driving permit for work or assistance
The permit is not automatic. Anyone subject to suspension may submit an application to the prefect, within fifteen days of withdrawal, to drive during specific time slots and in any case for no more than three hours a day. This possibility is excluded if an accident resulted from the violation. The application must be motivated and documented: for work reasons, it must be shown that reaching the workplace by public or non-owned transport is impossible or extremely burdensome; the law also considers certain situations related to assistance governed by Law No. 104 of 1992.
The concrete reason for travel matters. It is not enough to state that the car is convenient or that the commute is long. Working hours, shifts, available connections, and the need for assistance are data that allow the prefect to decide. The permit can be granted only once. If granted, the suspension is extended by a number of days equal to twice the total authorised driving hours, rounded upwards. Its restrictions must be strictly observed: using it outside the time slots or for different purposes exposes the driver to the consequences of driving during suspension.
Alcohol, substances and accidents: why the framework can become criminal
Driving under the influence follows different thresholds. Article 186 of the Highway Code distinguishes the administrative hypothesis, with a blood alcohol concentration exceeding 0.5 and not exceeding 0.8 g/l, from the brackets that constitute a criminal offense: over 0.8 and up to 1.5 g/l; over 1.5 g/l. The first bracket entails a suspension from three to six months; for the other brackets, the suspension is from six months to one year and from one to two years respectively, alongside the criminal consequences provided by the rule. Limits and effects are indicated in Article 186 of the Highway Code.
In criminal cases, Article 223 also applies. The license is withdrawn immediately, and the prefect may order a provisional suspension while criminal proceedings ascertain the facts and related consequences. The two events are connected but not identical: the prefectural suspension has a precautionary and provisional nature, whereas the ancillary penalty connected to the crime is determined within the judicial path. The Court of Cassation reaffirmed this distinction in a review concerning Article 223 of the Highway Code: civil jurisprudence review, February 2025.
An accident further modifies the position. It can affect the possibility of requesting a driving permit, the treatment provided by the contested rule, and the investigations necessary to reconstruct responsibilities and consequences. It is incorrect to assume that the mere withdrawal of the document resolves everything: the report, any tests, the dynamics of the event, and subsequent acts can impact both the provisional measure and the criminal proceedings.
Driving after the use of narcotic substances
Positivity must not be read mechanically. Since December 14, 2024, Law No. 177 of 2024 has amended Article 187 of the Highway Code, dedicated to driving after consuming narcotic or psychotropic substances. The law entered into force on that date, as shown by its publication in the Official Gazette. The rule provides for criminal consequences and the suspension of the license.
A significant link with driving remains necessary. The Constitutional Court, with judgment no. 10 of 2026, clarified that Article 187 cannot be applied to any driving that took place after remote consumption. Criminal relevance concerns situations where, due to the time elapsed and the characteristics of the substance, it is reasonable to believe that it can still negatively affect driving capacity and create an increased danger to traffic. The decision can be consulted in the judgment no. 10 of 2026 of the Constitutional Court.
This is why investigations matter. The type of test performed, the time of the sampling, the substance detected, and other available data are not secondary details. The judgment does not simply reintroduce the old requirement of individual impairment to be proven by any means; however, it requires that the application of the rule remains linked to a situation of concrete danger to road safety. This is a distinction that can be decisive in the defense.
Challenging the measure and facing criminal proceedings
The prefect's order can be challenged. Article 218 refers to opposition against the suspension measure, and Article 223 provides the same remedy for the provisional suspension ordered in criminal hypotheses. Opposition is not an informal request for review: it is a judicial initiative that must confront the content of the act, its prerequisites, and the applicable procedural rules.
The point to contest changes according to the act. In an administrative suspension, central issues may include the correct contestation of the violation, the circumstances reported in the report, or compliance with procedure. In a precautionary suspension linked to a crime, the existence of the criminal hypothesis, the elements available at the time of the order, and the provisional function of the measure also gain prominence. A favorable outcome on the report is not presumed, and a challenge to the order does not automatically replace the defense in the criminal trial.
Criminal alternatives must be considered in their context. For certain instances of driving under the influence, outside of the accident cases provided by law, Article 186 contemplates the replacement of the penalty with community service. This is not a step to be requested automatically nor does it eliminate the need to evaluate evidence and the qualification of the fact. However, it can be an option to be examined together with the effects on the license and the conditions required by the rule.
Do not drive as long as the act prohibits it. Driving during suspension, or using a possible permit beyond the established limits, can lead to further sanctions and the revocation of the license. The urgency of working or accompanying a family member does not unilaterally authorize ignoring the prohibition: precisely these needs, if documentable and compatible with the procedure, must be presented in the correct manner before getting behind the wheel.
The documents that help you immediately understand your position
The report is the starting point. It contains the date, location, contested rule, circumstances of the assessment, and indications regarding the withdrawal. If you have also received a prefectural order, a notice from the judicial authority, medical reports, or certificates relating to tests, these acts must be kept together: each answers a different question and may have its own deadlines.
Practical evidence is needed for any potential permit. Useful items may include the contract or a declaration from the employer stating shifts and location, public transport timetables, documentation relating to assistance, and any data clarifying why the commute cannot be organized otherwise. This is not about gathering papers indiscriminately: every document must prove precisely the fact required by the rule.
Frequently Asked Questions
Does license withdrawal mean I am already suspended?
Not always. Withdrawal is the physical seizure of the document by the ascertaining body; suspension is the temporary prohibition to drive ordered according to the applicable procedure. In administrative cases, the prefect's order defines the period; in criminal cases, a provisional suspension may intervene while the criminal proceedings continue.
Can I ask to drive only to go to work?
It is possible only in the provided cases. Article 218 allows a permit for time slots and up to three hours a day when there has been no accident and the commute to work by public or non-owned transport is impossible or extremely burdensome. The request must be motivated and documented within the prescribed deadline.
Can I drive if I have applied for the permit?
No, the application is not enough. You can drive only if you receive a permit that expressly indicates time slots and limits to be respected. Driving during suspension, or beyond the boundaries of the permit, can lead to very significant additional consequences, including the revocation of the license.
Does a positive test for narcotic substances automatically entail a crime?
Positivity is an important element, but it does not exhaust the verification. Following judgment no. 10 of 2026, Article 187 must be applied to driving subsequent to consumption at a time when it is reasonable to consider a negative effect on driving capacity still possible. Therefore, the substance, timing, and investigation data also matter.
Can I challenge the prefect's suspension order?
Yes, the legal system provides for judicial opposition. However, it is necessary to distinguish the suspension order from the report and any criminal proceedings, because the acts may have different prerequisites and deadlines. A prompt reading of the notification serves to identify the appropriate remedy without confusing the contestation of the measure with the defense on the facts.
Essential sources and a concrete step
The rules recalled in this guide are based on the Highway Code, in particular Articles 186, 187, 218, and 223, Law No. 177 of 2024, and Constitutional Court judgment no. 10 of 2026. If you have received a report or an order in Milan, you can contact me by bringing all the acts received with you: immediately distinguishing the type of procedure helps you choose the next step with greater awareness.