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The refusal or avoidance by the driver of a vehicle for which the law requires holding the driving licence to undergo the collection of biological samples necessary for establishing the blood alcohol level or the presence of some psychoactive substances is considered an offence and is punished with imprisonment from one to 5 years and with the application of the measure of retaining the driving licence for its cancellation.
The correct answer is: A
Regulation** - Article 185
(1) The finding of the contravention of driving a motor vehicle, agricultural or forestry tractor or tram by a person who is under the influence of alcohol is done by testing the exhaled air of this person with a certified technical device or with a homologated technical device and metrologically verified.
(2) The drivers of motor vehicles, agricultural or forestry tractors or trams are obligatorily collected biological samples for establishing the blood alcohol level when:
a) the result of the testing shows a concentration greater than 0.40 mg/l pure alcohol in the exhaled air;
b) in the event a vehicle transporting goods or dangerous products is involved.
(3) The drivers of vehicles are obligatorily collected biological samples when the result of the preliminary testing with the help of some certified technical devices indicates the presence in the organism of psychoactive substances.
Regulation** - Article 186
In the case of traffic accidents from which resulted only material damages, the drivers of the vehicles are obliged to undergo the testing of the exhaled air for establishing the blood alcohol level or the consumption of psychoactive substances. If the result of the testing shows a concentration greater than 0.40 mg/l pure alcohol in the exhaled air or indicates the presence in the organism of psychoactive substances, the drivers of vehicles are obliged to undergo the collection of biological samples.
Criminal Code*** - Article 337
The refusal or avoidance from the collection of biological samples
The refusal or avoidance by the driver of a vehicle for which the law requires holding the driving licence or by the driving instructor, being in the training process, or by the examiner of the competent authority, being during the conducting of the practical tests of the examination for obtaining the driving licence, to undergo the collection of biological samples necessary for establishing the blood alcohol level or the presence of psychoactive substances is punished with imprisonment from one to 5 years.
OUG* - Article 111
(1) The driving licence or the replacement proof of it is retained in the following cases:
[...]
b) when its holder has committed one of the offences provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) from Law no. 286/2009, with subsequent amendments and completions;
[...]
(2) At the retention of the driving licence, in the cases provided in paragraph (1), its holder is issued a replacement proof with or without the right to drive.
(3) In the situations provided in paragraph (1) letter a) and d), in art. 102 paragraph (3) letter a) and in art. 102 paragraph (4) from this emergency ordinance, as well as in those provided in art. 334 paragraphs (2) and (4), art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and in art. 339 paragraphs (2), (3) and (4) from Law no. 286/2009, with subsequent amendments and completions, the replacement proof of the driving licence is issued without the right to drive.
OUG* - Article 114
(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases:
[...]
b) the holder of the driving licence has been convicted, by a court decision that remained final, for the offences provided in art. 334, art. 335 paragraph (2), art. 336, 336^1, 337, art. 338 paragraph (1) and art. 339 paragraphs (2)-(4) from Law no. 286/2009, with subsequent amendments and completions;
[...]
* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
** Regulation = REGULATION for the implementation of OUG 195/2002 updated (Road Traffic Code Regulation)
*** Criminal Code = CRIMINAL CODE of July 17, 2009 updated (LAW no. 286/2009)
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