The driver of a vehicle involved in a traffic accident from which only material damages resulted (more precisely in an accident without victims) is obliged to submit to the testing of the expired air in order to determine the blood alcohol level or the consumption of psychoactive substances.
In the situation in which, following the testing, a concentration greater than 0,40 mg/l pure alcohol in the expired air is shown or the presence in the organism of psychoactive substances is indicated, the drivers of vehicles are obliged to submit to the collection of biological samples.
The correct answer is: C
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 expired air of this person with a certified technical device or with an approved and metrologically verified technical device.
(2) To the drivers of motor vehicles, agricultural or forestry tractors or trams biological samples are obligatorily collected in order to determine the blood alcohol level when:
a) the result of the testing shows a concentration greater than 0,40 mg/l pure alcohol in the expired air;
b) in the event a vehicle which transported dangerous goods or products is involved.
(3) To the drivers of vehicles biological samples are obligatorily collected when the result of the preliminary testing with the help of certified technical means indicates the presence in the organism of psychoactive substances.
Regulation** - Article 186
In the case of traffic accidents from which only material damages resulted, the drivers of vehicles are obliged to submit to the testing of the expired air in order to determine 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 expired air or indicates the presence in the organism of psychoactive substances, the drivers of vehicles are obliged to submit to the collection of biological samples.
OUG* - Article 102
[...]
(3) Constitutes contravention and is sanctioned with the fine provided in the fourth class of sanctions and with the application of the complementary sanction of suspension of the exercise of the right to drive for a period of 90 days the committing by the driver of a motor vehicle, agricultural or forestry tractor or tram of the following acts:
a) driving under the influence of alcoholic drinks, if the act does not constitute, according to the law, an offence;
[...]
OUG* - Article 111
(1) The driving licence or its replacement proof 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) of Law no. 286/2009, with subsequent modifications and completions;
[...]
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 was 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 modifications and completions;
[...]
Criminal 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 a driving licence by a person who has an 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.
(2) With the same punishment is sanctioned also the person, being under the influence of psychoactive substances, who drives a vehicle for which the law provides the obligation to hold a driving licence.
(3) If the person being in one of the situations provided in paragraph (1) and paragraph (2) performs public transport of persons, transport of dangerous substances or products or is in the process of practical training of persons for obtaining the driving licence or during the conduct of the practical tests of the examination for obtaining the driving licence, the punishment is imprisonment from 2 to 7 years.
* 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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