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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 breathed air for the purpose of establishing 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 breathed air is shown or the presence of psychoactive substances in the body 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 breathed air of that person with a certified technical device or with a homologated and metrologically verified technical device.
(2) The drivers of motor vehicles, agricultural or forestry tractors or trams are obligatorily collected biological samples for the purpose of 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 breathed air;
b) a vehicle that was transporting dangerous goods or products is involved in the event.
(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 of psychoactive substances in the body.
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 breathed air for the purpose of 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 breathed air or indicates the presence of psychoactive substances in the body, the drivers of vehicles are obliged to submit to the collection of biological samples.
OUG* - Article 102
[...]
(3) It constitutes a contravention and is sanctioned with the fine provided in the fourth class of sanctions and with the application of the complementary sanction of suspending the exercise of the right to drive for a period of 90 days for 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 beverages, 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 art. 339 paragraphs (2), (3) and (4) of Law no. 286/2009, with subsequent amendments 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 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;
[...]
Criminal Code*** - Article 336
Driving a vehicle under the influence of alcohol or other substances
(1) Driving on public roads a vehicle for which the law provides the obligation to hold a driving licence by a person who has an alcoholic 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.
(2) With the same penalty is sanctioned the person, 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 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 practical tests of the examination for obtaining the driving licence, the penalty is imprisonment from 2 to 7 years.
* OUG = 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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