Driving on public roads of a vehicle for which the law provides the obligation to hold the driving licence by a person who has a blood alcohol concentration of over 0.80 g/l pure alcohol in the blood constitutes a offence and is punished criminally, with imprisonment from one to 5 years or with a fine. Instead, in the case of a concentration lower or equal to under 0.8 g/l pure alcohol in the blood, this constitutes a contravention and is sanctioned with the fine provided in class IV of sanctions and with the suspension of the exercise of the right to drive for a period of 90 days.
We must note that a concentration lower or equal to 0.8 g/l pure alcohol in the blood constitutes a contravention and is sanctioned as a contravention. And a concentration greater than 0.8 g/l pure alcohol in the blood constitutes a offence and is punished criminally.
The correct answer is: B
OUG* - Article 102
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(3) It constitutes a contravention and is sanctioned with the fine provided in class IV of sanctions and with the application of the complementary sanction of the suspension of the exercise of the right to drive for a period of 90 days the committing by the driver of motor vehicle, agricultural or forestry tractor or tram of the following acts:
a) driving under the influence of alcoholic beverages, if the act does not constitute, according to the law, an offence;
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Penal Code*** - Article 336
Driving a vehicle under the influence of alcohol or other substances
(1) Driving on public roads of a vehicle for which the law provides the obligation to hold the 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.
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OUG* - Article 111
(1) The driving licence or its replacement proof is retained in the following cases:
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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 art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments and completions;
c) upon committing one of the contraventions provided in art. 100 paragraph (3), art. 101 paragraph (3), art. 102 paragraph (3) and (4) and in the situation provided in art. 115 paragraph (1);
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(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) of 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) of Law no. 286/2009, with subsequent amendments and completions, the replacement proof of the driving licence is issued without the right to drive.
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OUG* - Article 114
(1) The cancellation of the driving licence issued by the Romanian authority is ordered in the following cases:
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b) the holder of the driving licence has been convicted, by a final court decision, 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) of Law no. 286/2009, with subsequent amendments and completions;
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* OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
*** Penal Code = PENAL CODE of July 17, 2009 updated (LAW no. 286/2009)
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