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Question 99 of 554

Driving on the public road by a person having an alcohol level of over 0.8 g/l pure in the blood is punished with:

A contravention fine and the retention of the driving licence;
B criminal fine and the suspension of the driving licence for 90 days;
C imprisonment and the cancellation of the driving licence.
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Explanation

Driving on the public road of the motor vehicle / the agricultural or forestry tractor by a person with a blood alcohol level of up to 0.8 g/l constitutes a contravention and is sanctioned with contravention fine and with the suspension of the right to drive for 90 days. However, when the blood alcohol level is over 0.8 g/l it constitutes an offence and is punished with imprisonment from one to 5 years or with a fine and with the cancellation of the driving licence.

The correct answer is: C

You can find here video lesson with Alcohol consumption and the procedure for collecting samples --> Traffic Code - Alcohol consumption and the procedure for collecting samples
You can find here video lesson with Offences - Driving a vehicle under the influence of alcohol or other substances --> Traffic Code - Offences - Driving a vehicle under the influence of alcohol or other substances
You can find here video lesson with class 4 contraventions --> Traffic Code - Class 4 contraventions

Reference articles

OUG = EMERGENCY ORDINANCE no. 195 of December 12, 2002 (Traffic Code)
Regulation = REGULATION for the implementation of OUG 195/2002 (Traffic Code Regulation)

OUG - Article 102

(3) Constitutes 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;

OUG - Article 114

(1) The cancellation of the driving licence 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 paragraph (2) and (4), art. 335 paragraph (2), art. 336, 337, art. 338 paragraph (1), art. 339 paragraphs (2), (3) and (4) of the Criminal Code;

Criminal Code - Article 336

(1) Driving on public roads of a vehicle for which the law provides the obligation of holding the 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.

Criminal Code - Article 66

The content of the complementary penalty of the prohibition of exercising certain rights

(1) The complementary penalty of the prohibition of exercising certain rights consists in the prohibition of exercising, for a period from one to 5 years, one or more of the following rights:
i) the right to drive certain categories of vehicles established by the court;

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