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GENERAL Learning Environment Category Tr
Question 491 of 802

Evasion from the collection of biological samples, for the determination of the blood alcohol level, constitutes:

A offense, and entails the cancellation of the driving license;
B contravention, and is punished with imprisonment;
C contravention, and entails the retention of the driving license.

Explanation

The refusal or evasion by the driver of a vehicle, for which the law requires holding the driving license, from the collection of biological samples necessary for determining the blood alcohol level or the presence of psychoactive substances constitutes an offense and is punished with imprisonment from one to 5 years and with the application of the measure of retaining the driving license for the purpose of 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 for sample collection
Offenses related to driving a vehicle under the influence of alcohol or other substances - Audio-Video Lesson --> Offenses regarding traffic on public roads; The difference between offenses and contraventions

Reference articles

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 exhaled air of this person with a certified technical device or with a type-approved and metrologically verified technical device.
(2) The drivers of motor vehicles, agricultural or forestry tractors, or trams are obligatorily collected biological samples for determining 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) a vehicle 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 in the body of psychoactive substances.

Regulation** - Article 186

In the case of traffic accidents that resulted only in material damages, the drivers of the vehicles are obliged to submit to the testing of the exhaled air for determining 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 biological samples.

Criminal Code*** - Article 337

Refusal or evasion from the collection of biological samples

The refusal or evasion by the driver of a vehicle for which the law requires holding the driving license or by the driving instructor, being in the training process, or by the examiner of the competent authority, being during the practical tests of the examination for obtaining the driving license, to submit to the collection of biological samples necessary for determining 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 license or the replacement proof of it is retained in the following cases:
[...]
b) when its holder has committed one of the offenses 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 amendments and completions;
[...]
(2) Upon retaining the driving license, in the cases provided in paragraph (1), its holder is issued a replacement proof with or without the right to drive.
(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 license is issued without the right to drive.

OUG* - Article 114

(1) The cancellation of the driving license issued by the Romanian authority is ordered in the following cases:
[...]
b) the holder of the driving license has been convicted, by a final court decision, for the offenses 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;
[...]


** 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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