Driving after consuming alcohol may lead to an administrative traffic offence or criminal liability. Classification depends on the evidence and applicable rules. A breath-test reading is not automatically equivalent to a blood-alcohol result. The following explains the main procedural steps and legal consequences.
Roadside testing and biological samples
Traffic police may test for alcohol in exhaled breath using certified equipment. Determining the concentration requires an approved device with the required metrological verification. Government Emergency Ordinance No 195/2002 also governs when biological samples may be requested or must be collected.
- For a reading up to and including 0.10 mg/l of pure alcohol in exhaled breath, the driver may request a second test after fifteen minutes, but no later than twenty minutes. The legislation gives legal effect to the lower result.
- For readings from 0.11 to 0.40 mg/l inclusive, the driver may request collection of biological samples to determine blood-alcohol concentration.
- In the other situations specified by law, the police officer orders biological sampling. Collection and analysis follow the applicable legal and forensic procedures.
Do not directly equate breath readings in mg/l with blood results in g/l: these are different measurements. The criminal threshold in Article 336 concerns more than 0.80 g/l of pure alcohol in the blood. A breath-test reading alone does not express that value.
Administrative traffic offences and sanctions
Where the conduct does not constitute a criminal offence, driving under the influence of alcohol is an administrative traffic offence. Article 102(3)(a) of Ordinance No 195/2002 provides a class IV fine and suspension of the right to drive for ninety days. The licence is retained under the statutory rules and, in that situation, the replacement document does not permit driving.
The offence report may be challenged within fifteen days of handover or service. Registration of the challenge suspends enforcement of the fine and the supplementary administrative sanction under Article 118. The actual effect on the right to drive and the necessary formalities must be checked against the documents and the licence’s status.
When criminal liability arises
Under Article 336(1) of the Criminal Code, driving on public roads a vehicle for which a licence is required with more than 0.80 g/l of pure alcohol in the blood is punishable by imprisonment from one to five years and disqualification from exercising certain rights.
A two-to-seven-year range applies in the specific situations identified by law, including certain passenger transport and transport of dangerous substances or products.
Refusing or evading collection of biological samples necessary to determine blood-alcohol concentration or the presence of psychoactive substances may constitute the Article 337 offence, punishable by imprisonment from one to five years.
The licence is retained and the replacement document confers no right to drive in the statutory situations. Do not drive while you have no legal entitlement to do so.
Useful steps after being stopped
- Request and retain copies of the offence report, replacement licence document and records concerning testing or sampling.
- Record relevant times and circumstances. Give your lawyer the documents received, including laboratory results when made available.
- Observe restrictions on driving and the deadlines stated in the documents.
- In a criminal case, obtain legal assistance before making statements or applications concerning the evidence.
The lawfulness of the stop, testing, sampling and handling of evidence must be assessed on the facts. An irregularity does not automatically cancel a sanction or determine the outcome.
For an administrative sanction, check the fifteen-day challenge period promptly. In a criminal case, arrange an early review of the documents by a lawyer.
Legal references
- Government Emergency Ordinance No 195/2002 on road traffic, particularly Articles 88, 102, 111 and 118.
- Criminal Code, Articles 336 and 337.
- Law No 172/2024, concerning amendments to the relevant criminal provisions.
General information, which does not replace advice based on the actual documents and circumstances.
