Drink and drug driving defence in Romania

You were stopped in traffic, breathalysed or tested with a roadside drug kit, and then taken to hospital for a blood sample. From that point on, everything turns on technical details that most people do not know — and that the investigating authorities are under no obligation to explain to you.

What the law says

Driving under the influence of alcohol or other substances is governed by Article 336 of the Romanian Criminal Code. The offence is made out if, at the moment of driving, your blood alcohol level exceeded 0.80 g/l of pure alcohol, or if you were under the influence of psychoactive substances.

Since 3 June 2024, the sanctions have been tightened by Law no. 172/2024. A criminal fine is no longer available for this offence, and the prison sentence is imposed together with a ban on exercising certain rights — including the right to drive, which may be withdrawn for up to 10 years.

Separately, Article 335 penalises driving without a licence, or with a suspended or cancelled licence. The two charges frequently appear in the same file.

An important recent development for drug driving cases

By Decision no. 25 of 27 January 2025 (file no. 620/1/2024), the High Court of Cassation and Justice clarified the meaning of “under the influence of psychoactive substances” in Article 336(2).

In short: it is not enough for the substance to be found in the biological samples. It must also be proven that the substance actually impaired the capacity to drive. The distinction matters enormously, because certain substances remain detectable for days after consumption, long after any effect has worn off.

Where these cases are usually won or lost

• The interval between driving and the blood sample. The longer it is, the harder it becomes to establish what your blood alcohol level actually was at the wheel. In one case where the sample was taken three hours after driving, proceedings were closed precisely because the moment of consumption could not be established with certainty.
• Compliance with the sampling procedure. Who took the sample, where, under what conditions, whether a clinical examination was carried out and properly recorded.
• The chain of custody. How the samples were sealed, transported and stored before analysis.
• The retroactive blood alcohol calculation. The expert report works from assumptions that can be challenged.
• False positives on roadside tests. Roadside kits produce, at a documented rate, positive results that are not confirmed by laboratory analysis.
• The lawfulness of the stop and the test. If the basis for the check is itself flawed, everything that follows can be called into question.

Frequently asked

Can I refuse to give a blood sample?

Refusing is itself a separate criminal offence under Romanian law. It is not a way out — it makes matters worse. What you can do is insist that the full procedure is followed and request a second sample.

I blew into a breathalyser. Does the reading count?

The roadside reading is an indication for the police, but the evidence in criminal proceedings is the blood analysis. Discrepancies between the two are not unusual.

Will I lose my licence permanently?

The ban on driving is a complementary penalty imposed for a fixed period — up to 10 years under the rules in force since June 2024. The actual duration is set by the court according to the circumstances. It is not automatically the maximum.

I hold a foreign driving licence. What happens to it?

The effect of a Romanian driving ban on a licence issued in another state depends on that state’s rules and on the applicable mutual recognition arrangements. This needs to be assessed case by case, and it is worth raising early.

When to call

As early as possible, ideally before giving any statement. Many defence arguments in these cases are lost for good if they are not raised in time — and some evidence, if not requested in the first days, can no longer be obtained at all.