Driving a vehicle under the influence of alcohol or other substances
(1) Driving on public roads a vehicle for which the law requires holding a driving license by a person who has a blood alcohol level of over 0.80 g/l pure alcohol in the blood is punished with imprisonment from one to 5 years or with a fine. (Paragraph (1) of Art. 336 was amended and updated on Școala Rutieră on 09-07-2023)
(2) The same penalty also applies to the person, under the influence of psychoactive substances, who drives a vehicle for which the law requires holding a driving license.
(3) If the person in one of the situations provided in par. (1) and par. (2) performs public passenger transport, transport of substances or dangerous products, or is in the process of practical training of persons for obtaining the driving license or during the practical tests of the exam for obtaining the driving license, the penalty is imprisonment from 2 to 7 years.
(Art. 336^1 was added to the law and posted also on Școala Rutieră on 09-07-2023)
Consumption of alcohol or other psychoactive substances after causing a traffic accident
(1) The act of the driver of a vehicle consuming alcohol or other psychoactive substances, after causing a traffic accident that resulted in the killing or injury of the bodily integrity or health of one or more persons, until the collection of biological samples, is punished with imprisonment from one to 5 years or with a fine.
(2) If the person in one of the situations provided in par. (1) performs public passenger transport, transport of dangerous goods, or is in the process of practical training of persons for obtaining the driving license or during the practical tests of the exam for obtaining the driving license, the penalty is imprisonment from 2 to 7 years.
(3) It is not an offense to consume psychoactive substances after the occurrence of the traffic accident and until the collection of biological samples, if they are administered by authorized medical personnel, when the administration is required by the state of health or bodily injury of the driver.
Refusal or evasion from the collection of biological samples
The refusal or evasion of the driver of a vehicle for which the law requires holding a driving license or of the driving instructor, being in the process of training, or of the examiner of the competent authority, during the practical tests of the exam for obtaining the driving license, to undergo the collection of biological samples necessary for determining the blood alcohol level or the presence of psychoactive substances is punished with imprisonment from one to 5 years.
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We must remember that:
Driving a vehicle under the influence of alcohol or other substances
Driving on public roads a vehicle for which the law requires holding a driving license by a person who has a blood alcohol level of over 0.80 g/l pure alcohol in the blood is punished with imprisonment from one to 5 years or with a fine (art. 336 par. 1 of the Criminal Code). + retention of the driving license for the purpose of its cancellation. (a replacement proof is issued without the right to drive).
The same penalty (imprisonment from one to 5 years or with a fine) also applies to the person, under the influence of psychoactive substances, who drives a vehicle for which the law requires holding a driving license (art. 336 par. 2 of the Criminal Code). + retention of the driving license for the purpose of its cancellation. (a replacement proof is issued without the right to drive).
If the person in one of the situations provided in the two paragraphs earlier performs public passenger transport, transport of substances or dangerous products, or is in the process of practical training of persons for obtaining the driving license or during the practical tests of the exam for obtaining the driving license, the penalty is imprisonment from 2 to 7 years (art. 336 par. 3 of the Criminal Code). + retention of the driving license for the purpose of its cancellation. (a replacement proof is issued without the right to drive).
Consumption of alcohol or other psychoactive substances after causing a traffic accident
The act of the driver of a vehicle consuming alcohol or other psychoactive substances, after causing a traffic accident that resulted in the killing or injury of the bodily integrity or health of one or more persons, until the collection of biological samples, is punished with imprisonment from one to 5 years or with a fine.
If the person in the situation provided in the paragraph earlier performs public passenger transport, transport of dangerous goods, or is in the process of practical training of persons for obtaining the driving license or during the practical tests of the exam for obtaining the driving license, the penalty is imprisonment from 2 to 7 years.
It is not an offense to consume psychoactive substances after causing the traffic accident and until the collection of biological samples, if they are administered by authorized medical personnel, when their administration is required by the state of health or bodily injury of the driver.
Refusal or evasion from the collection of biological samples
The refusal or evasion of the driver of a vehicle for which the law requires holding a driving license, or of the driving instructor, being in the process of training, or of the examiner of the competent authority, during the practical tests of the exam for obtaining the driving license, to undergo the collection of biological samples necessary for determining the blood alcohol level or the presence of psychoactive substances is punished with imprisonment from one to 5 years (art. 337 of the Criminal Code). + retention of the driving license for the purpose of its cancellation. (a replacement proof is issued without the right to drive).
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