If you received a record of a road test for alcohol, immediately check the date of the notification and what sanction is included in the document. In the case of a violation, the general deadline for filing a complaint is 15 days from the notification. If a crime is being investigated, a separate criminal procedure applies, and the road traffic violation complaint does not replace the defense in the criminal case.

The 15-day deadline for the contravention complaint

Article 118 of Ordinance no. 195/2002 It allows the filing of a complaint against the minutes within 15 days of its communication. The complaint is filed with the court within whose jurisdiction the act was committed or with the court at the contravention’s domicile or registered office.

Keep the envelope or the electronic proof showing the date of receipt. The calculation of the deadline and the method of submission must be verified for the specific situation; do not wait until the last day to collect the documents and draft the complaint.

What effect does filing a complaint have?

According to Article 118(2), the complaint suspends the enforcement of the fine and the complementary administrative penalty from the date it is registered with the court. To update the records and return the seized license, the police unit must submit proof of registration in accordance with the legal procedure. Check the documents received and the police instructions before driving: the right to drive and the replacement document may depend on the specific act issued.

Is any positive result on an alcohol test a crime?

No. The result in exhaled air, expressed in mg/l, and the blood alcohol level, expressed in g/l, are different measurements. Article 336, paragraph (1) of the Criminal Code establishes the offense for driving with an alcohol level of over 0.80 g/l pure alcohol in the blood. The classification must be made based on the evidence and the law applicable at the time of the offense, not through the informal conversion of a value from the breathalyzer.

Article 88 of GEO no. 195/2002 It also regulates the steps for certain results of testing: when the concentration is up to 0.10 mg/l inclusive, the person may request a second test after 15 minutes, but no more than 20 minutes; at a concentration between 0.11 and 0.40 mg/l inclusive, they may request the collection of biological samples. These procedural rules do not automatically transform the result into blood alcohol level in exhaled air.

If the act does not constitute a crime, driving under the influence of alcohol is sanctioned as a misdemeanor with a fine from the fourth class and suspension of the right to drive for 90 days, according to Article 102, paragraph (3), letter a) of GEO no. 195/2002.

What evidence need to be checked?

An effective complaint identifies concrete problems in the documents and explains why they matter. Depending on the case, it checks:

  • the minutes: the description of the event, the date, the place, the sanction, the signatures and the objections recorded;
  • the result of the testing and the available documents regarding the approved device and its metrological verification;
  • the hours of stopping, testing, requesting and collecting samples;
  • the harvesting documents, the transport documents and the toxicology analysis report;
  • the replacement proof of the license and the mention whether it allows or not driving;
  • records and statements that can confirm or contradict the chronology in the documents.

For the determination of blood alcohol level, the regulations approved by HG no. 877/2024 I plan to collect two samples, at an interval of one hour, each of 10 ml. The compliance with the procedure and the relevance of any irregularities are evaluated based on the documents in the specific case.

A drafting error automatically cancels the minutes?

Not every mistake has the same consequence. The legal requirement that has been violated must be identified, the category of irregularity and the effect on the possibility of verifying the act or defending oneself must be determined. General formulas such as „the breathalyzer test is not correct” or „the minutes are null and void” do not replace the analysis of documents and evidence.

What happens if there is a criminal case?

The offense of driving under the influence exceeding the threshold set by Article 336 of the Criminal Code is investigated according to the criminal procedure. Challenging a traffic violation report and challenging a criminal criminal investigation act are different procedures with grounds and deadlines that depend on the document communicated. If you received a summons, order, or other document from the criminal case, identify the issuer, the subject matter, and the term before choosing an avenue of appeal.

The analysis can look at the legality of the evidence, the chronology and the toxicological conclusions, but an expert opinion, a difference between the results or a formal irregularity does not guarantee a specific solution on its own. For explanations regarding the criminal threshold and the case law, see also the article on Alcohol at the wheel: the criminal threshold, the evidence and contesting the sanction.

Frequently asked questions

Since when do the 15 days flow?
From the communication of the minutes. Keep the document showing when it was received.

Does the complaint suspend the fine and the license suspension?
Article 118, paragraph (2) provides for the suspension of the enforcement of the fine and the complementary sanction from the registration of the complaint to the court. For the police record and the license, the steps provided by law also follow.

Can I challenge the test if there are also blood evidence?
Yes, when there are concrete reasons. The tests, collection, and toxicological analysis documents are checked together; the conclusion depends on the entire body of evidence.

Analysis of documents and terms

If you have received a record or document in a criminal case, collect the documents and urgently check which term applies. A lawyer can analyze the classification, evidence, procedure, and the permit’s status, without promising a result before examining the case file. To request a consultation, visit the page Contact us.

This article is for informational purposes only and does not constitute legal advice for an individual case. The applicable law and consequences depend on the date of the event, the issued documents, and the evidence in the file.