Step 3 » GENERAL learning environment Category B (B, B1)

The refusal or evasion of the driver of a vehicle, for which the law requires holding the driving licence, from the collection of the biological samples necessary for determining the blood alcohol level or the presence of psychoactive substances constitutes offence and is punished with imprisonment from one to 5 years and with the application of the measure of retention of the driving licence for its cancellation.

The correct answer is: A

Recommendations:

Driving under the influence of alcohol and or psychoactive substances - Audio-Video Lesson --> Driving under the influence of alcohol and or psychoactive substances and the procedure of sample collection

Offences related to driving a vehicle under the influence of alcohol or other substances - Audio-Video Lesson --> Offences regarding public road traffic; The difference between offences and contraventions

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 carried out by testing the exhaled air of this person with a certified technical device or with an approved and metrologically verified technical device.
(2) The drivers of motor vehicles, agricultural or forestry tractors or trams are obligatorily collected biological samples for the determination of 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 that was 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 certified technical devices indicates the presence in the body of psychoactive substances.

Regulation** - Article 186

In the case of traffic accidents from which only material damages resulted, the drivers of the vehicles are obliged to submit to the testing of the exhaled air for the determination of 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 body of psychoactive substances, the drivers of vehicles are obliged to submit to the collection of the biological samples.

Criminal Code*** - Article 337

The refusal or evasion from the collection of biological samples

The refusal or evasion of the driver of a vehicle for which the law provides the obligation to hold the driving licence or of the driving instructor, during the training process, or of the examiner of the competent authority, during the practical tests of the examination for obtaining the driving licence, to submit to the collection of the biological samples necessary for the determination of 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 substitutive 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 art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with the subsequent amendments and completions;
[...]
(2) At the retention of the driving licence, in the cases provided in paragraph (1), its holder is issued a substitutive proof with or without the right of driving.
(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 paragraph (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 the subsequent amendments and completions, the substitutive proof of the driving licence is issued without the right of driving.

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 final judicial 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 the subsequent amendments and completions;
[...]

** 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)