For drivers, passengers, injured parties, and companies with vehicle fleets who face a criminal investigation after DUI allegations (alcohol or drugs) or a serious road accident. If you have a summons, a test result, an accident report, or a request for statements, the next step is to map the timeline, secure the documents, and decide a strategy for police/prosecutor hearings.
Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.
When you need this
- You were stopped and tested (breath test, saliva test, or blood sampling) and you were told it may become a criminal file.
- You were involved in an accident with injuries or death and police started a criminal investigation.
- You are accused of leaving the scene, not reporting, or delaying the 112 call after an accident.
- There are multiple vehicles and conflicting versions (dashcam vs witness statements vs technical findings).
- You are a professional driver or a company driver and the case affects your licence and employment.
- You received a summons to give statements as suspect/inculpat or as an injured party (persoană vătămată) in a traffic file.
- A passenger or pedestrian claims serious injuries and civil damages are discussed in parallel with the criminal case.
- The police seized your phone, the vehicle, or recordings, and you need a controlled way to provide or challenge evidence.
- There are allegations that someone else was driving, or that identity/vehicle use is disputed.
What we do in practice
- Rapid case triage: what the file is about (facts, legal classification, procedural stage) and what is time-sensitive.
- Timeline & document control: we collect the acts, identify missing documents, and establish a clear chronology.
- Hearing strategy: preparation for police/prosecutor statements and presence/assistance in hearings where the law allows.
- Evidence review: test documents, chain of custody, technical records, recordings, and witness lists; we identify inconsistencies and gaps.
- Accident analysis: we assess technical reports, road conditions, vehicle condition, speed/braking traces, and the logic of the reconstruction.
- Medical & injury component: we review medical certificates/forensic findings and how they connect to causation and fault.
- Procedural requests: targeted requests for evidence, expert examinations, clarifications, or exclusion of unlawfully obtained evidence (when applicable).
- Defence or victim-side representation in court, including measures affecting the licence and the civil claim component.
- Case management for group situations (multiple suspects/parties): consistent positions, avoiding contradictions, and coordinated communications.
Documents / information useful for a first assessment
| Document | Why it matters | Notes |
|---|---|---|
| Summons / police report number | Shows the stage, the unit handling the file, and deadlines. | Bring the envelope and any annexes. |
| Breathalyser printout / test record | Helps evaluate the testing procedure and the evidentiary chain. | Also note the time and location of testing. |
| Blood sampling documents & toxicology report | Key for DUI cases; details matter for interpretation and procedure. | Include sampling times, seals, and lab identification. |
| Accident report, sketch, photos | Foundation for reconstruction and fault analysis. | Dashcam/CCTV references are important. |
| Dashcam, CCTV, telematics (if any) | Often clarifies speed, signals, lane position, and sequence. | Preserve originals; avoid editing. |
| Medical documents / forensic certificate | Clarifies injuries, causation, and the civil claim scope. | If you are the injured party, keep full discharge papers. |
| Insurance (RCA) policy and claim file | Connects the criminal file to compensation handling. | Keep insurer correspondence and claim number. |
| Witness contacts and any written notes | Helps preserve evidence while memories are fresh. | Do not coach witnesses; just preserve contact details. |
Risks and common mistakes
- Giving statements “to explain quickly” without understanding the file and the legal qualification.
- Signing minutes you did not read or that contain factual errors (times, locations, quotes).
- Deleting messages, recordings, or dashcam files (it can backfire and create additional issues).
- Contacting the injured party or witnesses in ways that can be interpreted as pressure.
- Missing deadlines for complaints, evidence requests, or procedural remedies.
- Posting about the incident online, or discussing details with many people (inconsistencies spread fast).
- Assuming the contravention/administrative side is separate and irrelevant; it often interacts with the criminal file.
FAQ
Is a breathalyser result enough to support a criminal accusation?
It depends on the offence investigated, the testing method used, and the full evidentiary package (including documents, timing, and any confirmatory tests). A meaningful review looks at both the result and the procedure that produced it.
What should I do immediately after a serious accident?
Prioritise safety and emergency calls, document the scene where legally possible, and avoid speculative statements. Once you have the official documents (or a summons), organise the timeline and evidence before giving detailed statements.
How do drug-related driving allegations usually get proven?
Typically through a combination of tests, medical/toxicology findings, and contextual evidence. The legal relevance is not only the substance, but also the legality of the procedure and how evidence was collected and preserved.
What if multiple people were in the car and the driver identity is disputed?
Driver identity disputes are evidence-heavy and time-sensitive. Dashcam/CCTV, phone location, seat position, injuries, and witness statements can become decisive, so preserving originals and mapping the sequence is critical.
How does the criminal case connect to civil damages and insurance?
In serious accidents, compensation discussions often run in parallel with the criminal investigation. The medical documents, the reconstruction, and the procedural choices in the criminal file can influence the civil claim strategy and the insurer’s handling.
Can I lose my driving licence during the investigation?
Administrative and procedural measures can affect your licence depending on the situation. A case review should include what measures were applied, what documents support them, and what legal options exist in your specific stage.
Relevant pages
Surse
- Legea nr. 286/2009 privind Codul penal (Portal Legislativ)
- Legea nr. 135/2010 privind Codul de procedură penală (Portal Legislativ)
- OUG nr. 195/2002 privind circulația pe drumurile publice (Portal Legislativ)
- HG nr. 1391/2006 (Regulamentul de aplicare a OUG 195/2002) (Portal Legislativ)
- Legea nr. 132/2017 privind asigurarea obligatorie RCA (Portal Legislativ)
- Directive 2006/126/EC on driving licences (EUR-Lex)
- Directive (EU) 2015/413 on cross-border exchange of information on road safety offences (EUR-Lex)