Mandatory breathalyzers on premises: the new traffic code

Legislation introduced with the reform of the Highway Code and subsequent additions (in particular Law No. 120/2010 and its implementing decrees, such as Ministerial Decree July 30, 2012) introduced the obligation for certain public establishments to make a breathalyzer available to customers. This measure was designed to incentivize the prevention of drunk driving.

In what places is it mandatory?
The obligation mainly affects those establishments that administer alcohol and stay open past midnight. This category includes, for example:

• Discos
• Nightclubs
• Bars and pubs open after midnight
• Restaurants extending the serving of alcoholic beverages beyond the designated hours

Essentially, all entertainment or food service businesses open during nighttime hours that sell or serve alcoholic beverages are required to have at least one professional breathalyzer (or, alternatively, to make certified disposable breathalyzers available to customers) so that patrons can independently check their own alcohol level before driving.

Additional requirements
In addition to the requirement to provide a blood-alcohol measuring device, operators of such premises must:

• Post informational signs reminding of legal blood alcohol content limits (0.5 g/l for ordinary drivers, more restrictive limits for new drivers, professional drivers, etc.).
• Give visibility to the presence of such measuring devices.

Penalties
Failure to comply, i.e., the absence of properly functioning breathalyzers or information signs, can result in administrative penalties. Although the details of penalties may vary, noncompliance can result in significant fines and, in cases of recidivism or particular severity, can also lead to temporary business suspensions.

In conclusion, the new Highway Code does not prescribe mandatory breathalyzers for everyone, but it aims to involve nightclubs and public establishments active after midnight at the forefront, thus encouraging a culture of responsibility in the management of alcoholic beverage consumption.

Discover our range of devices that meet the regulatory requirement here.