Corte di Cassazione rules on blood test nullities in abbreviated trials

The Italian Court of Cassation has established a legal principle regarding driving under the influence cases. According to ruling no. 28370/2026, choosing the ‘rito abbreviato’ (abbreviated trial procedure) automatically validates any procedural nullities related to the blood alcohol test.

Specifically, if law enforcement fails to inform a driver of their right to have a lawyer present during a blood sample taken as a judicial police act, it constitutes a procedural error. However, by opting for the abbreviated trial to receive a one-third sentence reduction, the defendant effectively waives the right to contest such formal defects.

The ruling also distinguishes between medical blood tests performed for routine hospital care and those conducted specifically as judicial police acts to ascertain a crime. In the former, authorities are not required to provide legal counsel notifications, whereas the latter requires formal notice to avoid procedural invalidity.