Driving under the influence of alcohol or other substances

Legal defence in cases involving driving under the influence of alcohol or other substances

Driving under the influence of alcohol or other substances (Article 336 of the Criminal Code), in the forms under paragraphs (1) and (2), carries one to 5 years’ imprisonment and prohibition of certain rights, with no alternative fine. For the transport, instruction or examination specified in paragraph (3), the penalty is 2–7 years and prohibition of certain rights. Deferred application of the sentence is prohibited by Article 83(2¹). For psychoactive substances, preliminary ruling HP No. 25/2025 requires both the presence of the substance and its capacity to affect driving ability; a positive test alone does not complete the analysis.

We check the time of driving, sample collection and analysis and forensic medical conclusions. For psychoactive substances, presence must be correlated with capacity to affect driving under HP No. 25/2025. Screening does not replace the full body of evidence.
Collection and custody irregularities are assessed through their consequences and applicable procedural rules: not all automatically cause nullity or discontinuance. Deferred application of the sentence and an alternative fine are unavailable under the current Article 336 regime. The lawyer checks the date of the act, applicable law and genuinely permitted sentencing options.

Binding case law, retrospective calculation and defence strategies

Building an effective defence in proceedings under Article 336 of the Criminal Code requires technical examination of the investigators’ evidence, rigorously assessed against binding higher-court decisions. Constitutional Court Decision No. 732/2014 has historical importance: it declared unconstitutional the wording requiring blood-alcohol concentration to be assessed strictly at the time biological samples were taken. Following that decision, prosecutors must prove beyond reasonable doubt that the criminal threshold of more than 0.80 g/l was actually exceeded at the time of driving the vehicle, not merely later in the medical facility where blood was taken.

In alcohol cases, the time of driving is essential. The lawyer checks the times of the stop and sampling, successive results and consumption information to determine whether a forensic medical retrospective calculationis necessary and possible. It is not requested mechanically in every case and has no predetermined result. If the evidence does not establish exceeding 0.80 g/l at the time of driving, the defence may seek the outcome appropriate to the legal basis and stage of proceedings.

For psychoactive substances, HP No. 48/2021 clarifies the substances covered by Article 336(2). HP No. 25/2025 requires both the presence of a psychoactive substance in biological samples and its capacity to affect driving ability. A positive preliminary result is insufficient, and there is no universal numerical threshold comparable to alcohol. Toxicological interpretation must relate to the substance, timing and other case information.

We check laboratory analyses, medical documents, declared treatments and, where necessary, expert conclusions. A rapid test is not the same as toxicological analysis and does not alone prove all elements of the offence. The presence of metabolites is assessed scientifically; it neither establishes guilt nor guarantees discontinuance by itself. The defence formulates objections and evidence requests to clarify the conditions established by HP No. 25/2025.

HP No. 11/2022 establishes that a single act of driving with alcohol above the criminal threshold and under the influence of psychoactive substances constitutes one offence, not two concurrent offences. We also check collection, sealing, transport and storage of biological samples. An irregularity does not automatically cause nullity: its effect is assessed under procedural rules and its evidential relevance. Current law excludes deferred application of the sentence for Article 336. Suspension of execution of the sentence is a different legal mechanism and is checked separately, including any statutory prohibitions and concurrent offences.

Urgent legal assistance in Focșani and Vrancea county

A traffic stop on busy Vrancea County roads such as DN2/E85 or DN2D that results in a positive breathalyser or drug test creates massive psychological pressure and immediate legal risks, with police immediately retaining the licence and issuing a receipt that does not authorise driving. Basuc Cosmin Law Office in Focșani provides urgent specialist legal representation 24/7, ensuring defence counsel’s presence from the earliest stages of sample collection at the medical facility or initial police statements throughout the county.

We carefully monitor sample traceability to the Vrancea Forensic Medicine Service, promptly object to expert reports and take the necessary steps to check the lawfulness of official findings. Whether your case remains under investigation at the prosecutor’s office or has reached trial before Focșani District Court or Vrancea Tribunal, we build a highly professional technical defence, strategically seeking to rebut unfounded accusations, obtain discontinuance or acquittal, or secure favourable sentencing permitted by law, explaining the actual consequences for your criminal record and licence.