This article is for general information only and is not legal advice.
1) The legal line: when alcohol behind the wheel is a crime and when it is a traffic offence
1.1. The criminal threshold (Article 336 Criminal Code)
Driving a vehicle that requires a driving licence with a blood alcohol concentration (BAC) over 0.80 g/L constitutes a criminal offence. The statutory penalty range is imprisonment from 1 to 5 years, with higher limits (2–7 years) in aggravated scenarios specified by the Code. The reference metric is blood, not breath. (Sintact)
1.2. The contravention (OUG 195/2002)
Where the facts do not meet the criminal threshold (i.e., below 0.80 g/L blood), “driving under the influence of alcohol” is treated as a traffic offence (contravenție), punishable with a Class IV fine and suspension of the right to drive. The suspension regime and durations are set by Article 103 of the Traffic Code (OUG 195/2002), which—depending on the factual route—includes the well-known 90-day suspension outcome. (Sintact)
1.3. Why you see two units: g/L in blood vs mg/L in breath
Police test breath at the roadside first; blood is the legal reference for the crime. Exceeding 0.40 mg/L in breath obliges the driver to undergo blood sampling to determine BAC. That 0.40 mg/L breath figure is a procedural trigger, not the criminal threshold; the criminal law still looks to >0.80 g/L in blood at the relevant time. (Sintact)
2) What actually happens roadside: the step-by-step
2.1. Initial screening with a certified device
The traffic police may request a breath test when there are indications of drinking. The reading must be taken with a certified and metrologically verified device as provided by Article 88 of the Traffic Code. (Sintact)
2.2. New (2024) safeguards for very low readings: the second test
As of June 2024, if the device reads up to 0.10 mg/L breath (inclusive), the driver may request a second test after 15–20 minutes; the lower result governs for the administrative path. This change was introduced by OUG 84/2024, inserting Article 88(5^1). (Portal Legislativ)
2.3. Intermediate readings (0.11–0.40 mg/L breath): you may request blood
Between 0.11 and 0.40 mg/L breath (inclusive), the driver can request blood sampling to determine BAC in blood—useful where mouth alcohol, device error, or timing issues are suspected. This is reflected in the updated Article 88(5) framework. (Portal Legislativ)
2.4. Readings above 0.40 mg/L breath or any crash with casualties: blood is mandatory
If the device shows >0.40 mg/L breath, blood sampling becomes mandatory. Blood is also mandatory in the event of a traffic accident with injuries or death, even when the roadside reading is ≤0.40 mg/L. Both rules are set out in Article 38 of the Traffic Code. (Sintact)
2.5. Refusing blood sampling is itself a crime
Refusal or evasion of biological sampling is a separate criminal offence under Article 337 Criminal Code (punishable by 1–5 years). Courts and the Constitutional Court have consistently upheld the constitutionality and public-safety rationale of this rule. (Sintact)
3) How prosecutors prove the criminal offence: from sampling time to time of driving
Romania’s Constitutional Court removed the phrase “at the time of sampling” from Article 336(1) in Decision 732/2014. That means the relevant moment is the time of driving, not the time blood is drawn. In practice, prosecutors correlate laboratory BAC with the timeline (stop time, sampling time) and, if needed, rely on forensic expertise (e.g., Widmark curves) to show that at the time of driving BAC was >0.80 g/L. (CCR)
4) The contravention track: what penalties look like in practice
4.1. Fine + suspension of the right to drive
If the facts remain below the criminal threshold, the offence is punished with a Class IV fine under Article 102(3)(a) plus suspension of the right to drive per Article 103. Depending on the route and the presence of other aggravating circumstances, the suspension outcome typically lands at 90 days in the common scenario for “under the influence, not reaching the criminal threshold.” (Sintact)
4.2. 2024 update: mandatory knowledge test and automatic 30-day extension
From mid-2024, Article 106^1 requires a mandatory rules-knowledge test before the suspension ends in certain cases, including when the suspension was imposed for driving under the influence. Failure to take or pass it leads to an automatic 30-day extension of the suspension. (Portal Legislativ)
4.3. Repeat offending can extend the suspension
A new offence within the statutory window can add 30 days to the suspension by operation of law under Article 103(2). Police guidance also outlines how and when drivers may seek reduction of the suspension duration, subject to strict eligibility and testing conditions. (Sintact)
5) The criminal track: consequences and evidentiary nuances
5.1. Penalties and ancillary measures
For Article 336(1) (alcohol), the basic penalty range is 1–5 years; certain aggravated situations carry 2–7 years. Courts may also impose ancillary bans (e.g., rights prohibitions). Administrative measures (licence retention, provisional documents) flow from the Traffic Code, coordinated with the criminal process. (Sintact)
5.2. Proving BAC at the time of driving
After Decision 732/2014, the file must establish BAC when driving occurred. That requires careful time-stamping (stop, tests, sampling) and, where necessary, expert evidence to model alcohol absorption/elimination. Case files routinely include such reconstructions. (CCR)
5.3. A related (but distinct) issue: psychoactive substances
Article 336(2) criminalises driving under the influence of psychoactive substances. In January 2025, the High Court issued a preliminary ruling clarifying how courts should interpret the concept—focusing on the evidentiary standard for demonstrating impairment and the presence of the substance. This development concerns drugs, not alcohol, but often appears in mixed cases. (Portal Legislativ)
6) Typical scenarios — and how they play out
6.1. 0.06 mg/L breath at roadside
Under 0.10 mg/L you may request a second test after 15–20 minutes; the lower result governs administratively. If both readings remain positive, the case may still resolve as a minor administrative matter (not necessarily a suspension), depending on the exact figures and context. (Portal Legislativ)
6.2. 0.18 mg/L breath at roadside
Between 0.11–0.40 mg/L, you may request blood to determine BAC in blood, which is the only metric relevant to the crime. If blood shows <0.80 g/L at the time of driving, you remain in contravention territory (fine + suspension per the Code). (Portal Legislativ)
6.3. 0.42 mg/L breath at roadside
This triggers mandatory blood sampling. If forensic analysis and timing show >0.80 g/L blood at the time of driving, the case becomes a criminal offence under Article 336. If <0.80 g/L, it falls back to the contravention regime. (Sintact)
6.4. Crash with injuries + 0.25 mg/L breath
Even though the breath result is ≤0.40 mg/L, blood is mandatory with casualties. Depending on the blood result and the accident facts, authorities may deal with both the alcohol aspect (contravention vs. crime) and separate offences for the injury-producing crash, as applicable. (Sintact)
6.5. Refusing blood after an intermediate reading
Refusal of sampling engages Article 337—a separate crime—even where the reading was not above 0.40 mg/L. The legal and practical risks are usually worse than cooperating with blood sampling. (Sintact)
7) Your procedural roadmap (from stop to outcome)
- Breath test with a certified device; result is recorded per Article 88. (Sintact)
- If ≤0.10 mg/L, you may request a second test in 15–20 minutes (new Art. 88(5^1)). (Portal Legislativ)
- If 0.11–0.40 mg/L, you may request blood sampling (Art. 88(5)). (Portal Legislativ)
- If >0.40 mg/L (or there is a crash with casualties), blood is mandatory (Art. 38). (Sintact)
- Administrative measures follow (licence retention; suspension arrangements) per Articles 102–103, with the 2024 knowledge-test requirement and possible 30-day extension under Article 106^1. (Sintact)
- If a criminal case opens, prosecutors must prove BAC at the time of driving, post-Decision 732/2014. (CCR)
8) Frequently asked questions
8.1. “My blood result is below 0.80 g/L. Is it still a crime?”
No. The criminal offence requires >0.80 g/L blood at the time of driving. Below that threshold, the matter is handled under the Traffic Code as a contravention (fine + licence suspension regime). (Sintact)
8.2. “Can I challenge the breath reading?”
You have two built-in tools now:
• Second test if the first reading is ≤0.10 mg/L (15–20 minutes later).
• Request blood if the reading is 0.11–0.40 mg/L.
Above 0.40 mg/L, blood is mandatory. In any criminal assessment, only blood matters. (Portal Legislativ)
8.3. “What if I refuse blood sampling?”
Refusal (or evasion) is a stand-alone crime under Article 337 (1–5 years). Courts—including the Constitutional Court—have repeatedly endorsed the constitutionality and public-safety basis for this offence. (Sintact)
8.4. “Can the 90-day suspension be reduced?”
Reduction depends on strict eligibility and testing. Police guidance explains how and when a driver may seek reduction, but since 2024 a mandatory knowledge test applies in relevant cases and failure can extend the suspension by 30 days. Always check the in-force version at the date of the facts. (Poliția Română)
9) Common mistakes that derail defences
- Confusing units: the crime is tied to g/L in blood; breath (mg/L) is preliminary and procedural. (Sintact)
- Treating the sampling time as decisive: since Decision 732/2014, what matters is the time of driving. (CCR)
- Ignoring the 2024 updates: the second test (≤0.10 mg/L), the option to request blood (0.11–0.40 mg/L), and the mandatory knowledge test with potential 30-day extension. (Portal Legislativ)
- Assuming refusal helps: Article 337 makes refusal a separate crime—typically a worse outcome than cooperation. (Sintact)
10) Takeaways for drivers and practitioners
- Criminal liability requires proving >0.80 g/L in blood at the time of driving (not merely at sampling). Everything in the file—timestamps, lab results, expert calculations—must align with that proposition. (Sintact)
- Administrative handling (contravention) brings a Class IV fine and suspension per Articles 102–103, with knowledge-test obligations and potential automatic extension. (Sintact)
- The 2024 changes give you process tools (second test at very low readings, optional blood in the intermediate bracket) but also add compliance duties (mandatory test). Use the first wisely; respect the second to avoid longer suspension. (Portal Legislativ)
- Refusal of blood sampling is a crime on its own and rarely improves outcomes. (Sintact)
- For psychoactive substances, a 2025 High Court ruling refined the approach; although distinct from alcohol, mixed files are common—be alert to the different evidentiary requirements. (Portal Legislativ)
Sources (for verification)
- Criminal Code, Art. 336 & 337 (driving under the influence; refusal of sampling). (Sintact)
- Traffic Code (OUG 195/2002) — Art. 38 (mandatory blood), Art. 88 (testing; 2024 changes incl. 88(5^1)), Art. 102–103 (contraventions & suspension), Art. 106^1 (mandatory knowledge test; automatic 30-day extension). (Sintact)
- Constitutional Court Decision 732/2014 — relevant moment is time of driving, not sampling. (CCR)
- High Court (ICCJ) Decision 25/27 Jan 2025 — interpretive guidance on psychoactive substances under Art. 336(2). (Portal Legislativ)
If you need structured templates (letters, complaints) or a tailored assessment of a specific file (timestamps, lab values, expert report), consult a lawyer with the full documentation of your case.