OUG = Government Emergency Ordinance no. 195 of December 12, 2002 (Road Traffic Code)
Regulation = Regulation for the implementation of the Government Emergency Ordinance (OUG) 195/2002 (Road Traffic Code Regulation)
(Article 22^1 was repealed on 29-06-2024)
(1) The withdrawal of the driving licence is ordered by the traffic police also in case the holder thereof could not be subjected to testing for the purpose of establishing the concentration of pure alcohol in the exhaled air or to preliminary testing of the presence in the body of certain psychoactive substances, and following the medical examination clinical elements suggestive, consecutive to the recent consumption of alcoholic beverages or of psychoactive substances, were found, on the occasion of the procedure of collecting biological samples for the purpose of establishing the blood alcohol concentration or the consumption of psychoactive substances, issuing a replacement proof of the driving licence without the right to drive. (REPEALED)
(2) The withdrawal of the driving licence is ordered until 8.00 a.m. of the following day, but not less than 12 hours. (REPEALED)
(Article 38 was amended in the law and updated also on Școala Rutieră on 29-06-2024)
(1) The drivers of vehicles, except those drawn or pushed by hand, certified driving instructors to carry out the practical training of persons for obtaining the driving licence, as well as the examiner of the competent authority during the carrying out of the practical tests of the examination for obtaining the driving licence, as the case may be, are obliged to submit to testing for the purpose of establishing the consumption of psychoactive substances or the concentration of alcohol in the exhaled air, at the request of the traffic police officer.
(3) The person who drives on public roads a vehicle for which the law provides the obligation to hold a driving licence and refuses or cannot submit to testing for the purpose of establishing the consumption of psychoactive substances or the concentration of alcohol in the exhaled air, at the request of the traffic police officer, or is tested by the traffic police officer with a technical means and found as having a concentration of over 0.40 mg/l pure alcohol in the exhaled air or which indicates the presence in the body of certain psychoactive substances is obliged to submit to the collection of biological samples for establishing the blood alcohol concentration or the consumption of psychoactive substances, as the case may be.
(4) The person provided in paragraph (3) is obliged to submit to the collection of biological samples also in the situation in which he was involved in a road traffic accident from which resulted the death or the injury of one or more persons, and the result of the testing indicated a positive concentration up to 0.40 mg/l pure alcohol in the exhaled air.
(5) In the situation provided in paragraph (3), when the person refuses or cannot submit to testing for the purpose of establishing the consumption of psychoactive substances or the concentration of alcohol in the exhaled air, the traffic police officer orders the withdrawal of the driving licence until the date of receiving the result of the analysis of the biological samples, issuing a replacement proof thereof without the right to drive.
(1) The collection of biological samples is carried out only in the presence of a traffic police officer, under the conditions of Article 190 paragraph (8) of the Criminal Procedure Code, in the following premises of medical institutions:
CRIMINAL PROCEDURE CODE - Article 190
(8) In case of driving a vehicle by a person under the influence of alcoholic beverages or of other substances, the collection of biological samples is carried out by order of the finding bodies and with the consent of the person subjected to the examination, by a doctor, nurse or by a person with specialised medical training, as soon as possible, in a medical institution, under the conditions established by special laws.
a) inside authorised medical assistance units;
b) in ambulances having a crew with a doctor or special vehicles with this function belonging to the Mobile Emergency Service for Resuscitation and Extrication;
c) inside medico-legal units.
(3) Establishing the presence of alcohol in the exhaled air or the preliminary testing of the presence in the body of certain psychoactive substances is carried out by the traffic police, with the help of certified technical means.
(4) Establishing the concentration of alcohol in the exhaled air is carried out by the traffic police, with the help of a technical means approved and metrologically verified.
(5) The person who drives on public roads a vehicle for which the law provides the obligation to hold the driving licence, tested by the traffic police officer with a technical means approved and metrologically verified and found as having a concentration between 0.11-0.40 mg/l pure alcohol in the exhaled air inclusive, may request him that biological samples be collected from him within the medical units or institutions provided in paragraph (1), for the purpose of establishing the alcohol concentration in the blood. (Paragraph (5) was amended in the law and updated also on Școala Rutieră on 29-06-2024)
(5^1) In case the alcohol concentration is up to 0.10 mg/l pure alcohol in the exhaled air inclusive, the person provided in paragraph (5) may request the traffic police officer to carry out a second testing after 15 minutes, but no more than 20 minutes from the first test. In this situation, the result of the lowest concentration of pure alcohol in the exhaled air has legal value. (Paragraph (5^1) was added in the law and posted also on Școala Rutieră on 29-06-2024)
(6) The person who drives on public roads a vehicle for which the law provides the obligation to hold the driving licence, tested with a technical means approved and metrologically verified and found as having a concentration of over 0.40 mg/l pure alcohol in the exhaled air, is obliged to submit to the collection of biological samples, for the purpose of establishing the alcohol concentration in the blood. (Paragraph (6) was repealed on 29-06-2024)
(7) From the drivers of vehicles for which the law provides the obligation to hold the driving licence, tested in traffic with a certified means which indicates the presence in the body of certain psychoactive substances, biological samples are mandatorily collected. (Paragraph (7) was repealed on 29-06-2024)
(1) Finding the contravention of driving a motor vehicle, an agricultural or forestry tractor or a tram by a person who is under the influence of alcohol is carried out by testing his exhaled air with a certified technical means or with a technical means approved and metrologically verified. (Paragraph (1) was amended in the law and updated also on Școala Rutieră on 06-10-2021)
(2) From the drivers of motor vehicles, agricultural or forestry tractors or trams biological samples are mandatorily collected for the purpose of establishing the blood alcohol concentration when: (Paragraph (2) was amended in the law and updated also on Școala Rutieră on 06-10-2021)
a) the result of the testing shows a concentration greater than 0.40 mg/l pure alcohol in the exhaled air;
b) the event involves a vehicle which transported dangerous goods or products.
(3) From the drivers of vehicles biological samples are mandatorily collected when the result of the preliminary testing with the help of certified technical means indicates the presence in the body of psychoactive substances. (Paragraph (3) was amended in the law and updated also on Școala Rutieră on 06-10-2021)
(1) In the situation in which the contravener committed the act within the competence area of another county than the one which has him in its records, the driving licence is kept at the traffic police service on the territory of which the contravention was found until the expiry of the term provided by the law for filing the complaint against the minutes of finding of the contravention, after which it is sent to the traffic police service of the county which has him in its records. (Paragraph (1) was amended in the law and updated also on Școala Rutieră on 19-03-2020)
(2) The driving licence is kept at the traffic police service of the county which has the holder in its records, until the return or, as the case may be, until the cancellation of the document.
(1) The driving licence is retained from the driver of a motor vehicle, an agricultural or forestry tractor or a tram, tested with a certified technical means or with a technical means approved and metrologically verified, if the value of the concentration is at most 0.40 mg/l pure alcohol in the exhaled air, issuing the replacement proof without the right to drive, if he does not wish the collection of biological samples for the purpose of establishing the blood alcohol concentration, under the conditions established in Article 194. (Paragraph (1) was amended in the law and updated also on Școala Rutieră on 06-10-2021)
(2) When the driver of the vehicle requests the collection of biological samples for the purpose of establishing the blood alcohol concentration, he will be accompanied by the traffic police officer to the nearest authorised medical institution or medico-legal institution, and after the collection he will be issued a replacement proof with the right to drive for at most 15 days, whose validity enters into force 24 hours from the second collection of biological samples. (Paragraph (2) was amended in the law and updated also on Școala Rutieră on 06-10-2021)
(1) The driver of a motor vehicle, an agricultural or forestry tractor or a tram must be accompanied by the traffic police officer or, as the case may be, by the border police officer, immediately, to the nearest authorised medical institution or medico-legal institution in order for biological samples to be collected from him for the purpose of establishing the blood alcohol concentration, if by testing with a certified technical means or with a technical means approved and metrologically verified it was found that the value of the alcohol concentration is greater than 0.40 mg/l pure alcohol in the exhaled air. (Paragraph (1) was amended in the law and updated also on Școala Rutieră on 06-10-2021)
(2) After the collection of biological samples, the traffic police officer retains the driving licence and issues the replacement proof without the right to drive. (Paragraph (1) was amended in the law and updated also on Școala Rutieră on 06-10-2021)
(1) For establishing the blood alcohol concentration two biological samples are collected at an interval of one hour between samplings. (Paragraph (1) was amended in the law and updated also on Școala Rutieră on 06-10-2021)
(2) The refusal of the examined person to have the second biological sample collected from him is recorded in the minutes of sampling. (Paragraph (2) was removed and updated on www.scoalarutiera.ro on 06-10-2021)
The procedure provided in Article 192 is applied to the driver of a motor vehicle, an agricultural or forestry tractor or a tram, preliminarily tested with the help of a certified technical means which revealed the presence in the body of psychoactive substances. (Article 195 was removed from the law and removed also from Școala Rutieră on 06-10-2021)
Regulation - Article 192
(1) The driving licence is retained from the driver of a motor vehicle, an agricultural or forestry tractor or a tram, tested with a certified technical means or with a technical means approved and metrologically verified, if the value of the concentration is at most 0.40 mg/l pure alcohol in the exhaled air, issuing the replacement proof without the right to drive, if he does not wish the collection of biological samples for the purpose of establishing the blood alcohol concentration, under the conditions established in Article 194. (Paragraph (1) was amended in the law and updated also on Școala Rutieră on 06-10-2021)
Regulation - Article 194
(1) For establishing the blood alcohol concentration two biological samples are collected at an interval of one hour between samplings. (Paragraph (1) was amended in the law and updated also on Școala Rutieră on 06-10-2021)(2) When the driver of the vehicle requests the collection of biological samples for the purpose of establishing the blood alcohol concentration, he will be accompanied by the traffic police officer to the nearest authorised medical institution or medico-legal institution, and after the collection he will be issued a replacement proof with the right to drive for at most 15 days, whose validity enters into force 24 hours from the second collection of biological samples. (Paragraph (2) was amended in the law and updated also on Școala Rutieră on 06-10-2021)
Driving a vehicle under the influence of alcohol or of other substances
(1) Driving on public roads a vehicle for which the law provides the obligation to hold a driving licence by a person who has a blood alcohol concentration of over 0.80 g/l pure alcohol in the blood is punished with imprisonment from one to 5 years or with a fine.
(2) With the same punishment is sanctioned also the person, under the influence of certain psychoactive substances, who drives a vehicle for which the law provides the obligation to hold a driving licence.
(3) If the person in one of the situations provided in paragraph (1) and paragraph (2) performs public passenger transport, transport of dangerous substances or products or is in the process of practical training of certain persons for obtaining the driving licence or during the carrying out of the practical tests of the examination for obtaining the driving licence, the punishment is imprisonment from 2 to 7 years.
Are obliged to submit to testing for the purpose of establishing the consumption of psychoactive substances or the concentration of alcohol in the exhaled air, at the request of the traffic police officer: (Article 38 paragraph (1) of the OUG)
It must be taken into account that:
If upon testing with the breathalyser a concentration lower than 0.4 mg/l pure alcohol in the exhaled air is found, the taking of biological samples from the blood is not mandatory. However, if the concentration is between 0.11 - 0.40 mg/l pure alcohol in the exhaled air inclusive, the contravener may request the traffic police officer that biological samples be collected from him. And if the concentration is up to 0.10 mg/l pure alcohol in the exhaled air inclusive, the contravener may request the traffic police officer to carry out a second testing after 15 minutes, but no more than 20 minutes from the first test, in which case the lowest result will be taken into account. (Article 88 paragraphs (5) and (5^1) of the OUG)
If upon testing with the breathalyser a concentration greater than 0.4 mg/l pure alcohol in the exhaled air is found, the taking of biological samples from the blood is mandatory.
It must be taken into account that a concentration between 0.0 and 0.8 mg/l pure alcohol in the exhaled air constitutes a contravention and is sanctioned with the suspension of the right to drive for 90 days and with a number between 9-20 penalty points.
If upon the collection of biological samples a concentration between 0.0 and 0.8 g/l pure alcohol in the blood is found, it constitutes a contravention and is sanctioned with the suspension of the right to drive for 90 days and with a number between 9-20 penalty points.
If upon the collection of biological samples a concentration greater than 0.8 g/l pure alcohol in the blood is found, it constitutes an offence and is punished with imprisonment or a criminal fine + the cancellation of the driving licence.
From the drivers of vehicles for which the law provides the obligation to hold the driving licence, tested in traffic with a certified means which indicates the presence in the body of certain psychoactive substances, biological samples are mandatorily collected. If upon the collection of biological samples it is found that the respective person is under the influence of certain psychoactive substances, he is sanctioned with imprisonment or a criminal fine + the cancellation of the driving licence.
The collection of biological samples is carried out only in the presence of a traffic police officer, under the conditions of Article 190 paragraph (8) of the Criminal Procedure Code, in the following premises of medical institutions: (Article 88 paragraph (1) of the OUG)
Establishing the presence of alcohol in the exhaled air or the preliminary testing of the presence in the body of certain psychoactive substances is carried out by the traffic police, with the help of certified technical means. (Article 88 paragraph (3) of the OUG)
Establishing the concentration of alcohol in the exhaled air is carried out by the traffic police, with the help of a technical means approved and metrologically verified. (Article 88 paragraph (4) of the OUG)
The person who drives on public roads a vehicle for which the law provides the obligation to hold a driving licence and refuses or cannot submit to testing for the purpose of establishing the consumption of psychoactive substances or the concentration of alcohol in the exhaled air, at the request of the traffic police officer, or is tested by the traffic police officer with a technical means and found as having a concentration of over 0.40 mg/l pure alcohol in the exhaled air or which indicates the presence in the body of certain psychoactive substances is obliged to submit to the collection of biological samples for establishing the blood alcohol concentration or the consumption of psychoactive substances, as the case may be. (Article 38 paragraph (3) of the OUG)
Finding the contravention of driving a motor vehicle, an agricultural or forestry tractor or a tram by a person who is under the influence of alcohol is carried out by testing his exhaled air with a certified technical means or with a technical means approved and metrologically verified. (Article 185 paragraph (1) of the Regulation)
From the drivers of motor vehicles, agricultural or forestry tractors or trams biological samples are mandatorily collected for the purpose of establishing the blood alcohol concentration when: (Article 185 paragraph (2) of the Regulation)
From the drivers of vehicles biological samples are mandatorily collected when the result of the preliminary testing with the help of certified technical means indicates the presence in the body of psychoactive substances. (Article 185 paragraph (3) of the Regulation)
The driving licence is retained from the driver of a motor vehicle or a tram, tested with a certified technical means or with a technical means approved and metrologically verified, if the value of the concentration is at most 0.40 mg/l pure alcohol in the exhaled air, issuing the replacement proof without the right to drive, if he does not wish the collection of biological samples for the purpose of establishing the blood alcohol concentration, under the conditions established in Article 194 paragraph (1). (Article 192 paragraph (1) of the Regulation)
When the driver of the vehicle requests the collection of biological samples for the purpose of establishing the blood alcohol concentration, he will be accompanied by the traffic police officer to the nearest authorised medical institution or medico-legal institution, and after the collection he will be issued a replacement proof with the right to drive for at most 15 days, whose validity enters into force 24 hours from the second collection of biological samples. (Article 192 paragraph (2) of the Regulation)
The driver of a motor vehicle, an agricultural or forestry tractor or a tram must be accompanied by the traffic police officer or, as the case may be, by the border police officer, immediately, to the nearest authorised medical institution or medico-legal institution in order for biological samples to be collected from him for the purpose of establishing the blood alcohol concentration, if by testing with a certified technical means or with a technical means approved and metrologically verified it was found that the value of the alcohol concentration is greater than 0.40 mg/l pure alcohol in the exhaled air. (Article 193 paragraph (1) of the Regulation)
After the collection of biological samples, the traffic police officer retains the driving licence and issues the replacement proof without the right to drive. (Article 193 paragraph (2) of the Regulation)
For establishing the blood alcohol concentration two biological samples are collected at an interval of one hour between samplings. (Article 194 paragraph (1) of the Regulation)
The procedure provided in Article 192 is applied to the driver of a motor vehicle, an agricultural or forestry tractor or a tram, preliminarily tested with the help of a certified technical means which revealed the presence in the body of psychoactive substances. (Article 195 of the Regulation)
In case the person who drives on public roads a vehicle for which the law provides the obligation to hold a driving licence refuses or cannot submit to testing for the purpose of establishing the consumption of psychoactive substances or the concentration of alcohol in the exhaled air, the traffic police officer orders the withdrawal of the driving licence until the date of receiving the result of the analysis of the biological samples, issuing a replacement proof thereof without the right to drive. (Article 38 paragraph (5) of the OUG)
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