A traffic stop after alcohol consumption may lead to an administrative sanction or a criminal investigation. Classification depends on the evidence, the circumstances of driving and compliance with the relevant procedures. The Criminal Code sets the criminal threshold at more than 0.80 g/l of pure alcohol in the blood.

What is the criminal threshold?

Article 336(1) concerns driving on public roads a vehicle requiring a licence with more than 0.80 g/l of pure alcohol in the blood. The prescribed penalty is imprisonment from one to five years and disqualification from exercising certain rights. Higher limits apply in specified circumstances, including certain passenger transport, transport of dangerous substances and practical driver instruction.

The threshold concerns blood-alcohol concentration. Breath readings use another unit and must not be mechanically converted into a blood result. The measured breath value may trigger different procedures under road traffic legislation, but the actual case requires review of its documents and evidence.

When is it an administrative offence?

Where the conduct does not meet the criminal offence’s requirements, Article 102(3)(a) of Ordinance No 195/2002 provides a class IV fine and a ninety-day driving suspension. Classification is not determined by a generic formula alone. The results, sequence of testing and sampling, records and law applicable at the time all matter.

Biological samples and collection

Breath testing and blood analysis are distinct methods with different units and functions. For blood-alcohol determination, the rules approved by Government Decision No 877/2024 provide two blood samples taken one hour apart, each of 10 ml. Check the records of timing, collection, identification and transport, together with the toxicology report.

An abstract allegation of irregularity is insufficient. Its relevance depends on the documents and its effect on the evidence’s lawfulness or reliability. Neither requesting an expert assessment nor a particular difference between results guarantees a favourable outcome.

High Court and Constitutional Court decisions

High Court Decision No 3/2014 interpreted the wording of Article 336(1) then in force. Where two samples were taken, it identified the first sample’s result as relevant for criminal purposes.

Constitutional Court Decision No 732/2014 subsequently declared unconstitutional the phrase “at the time of collection of biological samples”. The current wording no longer contains that phrase.

The High Court’s ruling must therefore be read in its legislative and historical context. Its application requires examination of the law in force at the time of the alleged conduct and all the evidence.

Refusal of sampling is a separate offence

Refusing or evading collection of biological samples necessary to establish blood-alcohol concentration is separately criminalised by Article 337, with imprisonment from one to five years. Classification and consequences depend on the actual circumstances and records, rather than a brief account of the traffic stop.

Time limit for challenging the offence report

The ordinary period for an administrative challenge is fifteen days from service of the report. The competent court may be the district court for the place of the offence or the offender’s domicile under the applicable rules.

Under Article 118 of Ordinance No 195/2002, registration of the challenge with the court suspends enforcement of the fine and supplementary sanction. Proof of registration must be communicated to the police unit as required for the licence records to be updated.

Keep the envelope or other evidence of receipt and check the precise service and time-limit rules. A challenge drafted without reviewing the report and evidence may omit important grounds or rely on unsupported arguments.

Documents to review

  • The offence report and records of the stop and testing.
  • The breath-test printout and equipment records where available.
  • Requests, reports and documents concerning biological sampling.
  • The toxicology report and any expert assessment.
  • The replacement licence document, service records and orders concerning driving entitlement.

In a criminal case, review may also address the lawfulness of evidence, chronology and consistency between documents. Related guides discuss driving under the influence of psychoactive substances and driving without a licence or while suspended.

Frequently asked questions

Does any positive breath test automatically mean a criminal case?

No. The procedure depends on the reading, road traffic rules and evidence. Article 336(1) expresses the criminal threshold in g/l of pure alcohol in blood.

Can blood-alcohol concentration be estimated retrospectively?

That requires assessment against the rules applicable at sampling, the available biological material and reliable case data. Missing evidence or an estimate does not automatically determine the legal outcome. Forensic and procedural assessment are necessary.

How long do I have to challenge the fine and suspension?

The general administrative challenge period is fifteen days from service of the report. A timely challenge suspends the sanctions identified in Article 118(2) from registration with the district court, subject to the applicable formalities.

Legal assessment of a drink-driving case

A realistic strategy starts with the documents, chronology and evidence. If you have received an offence report or have suspect or defendant status, arrange a review and clarify the procedural deadlines promptly.

This article provides general information. The outcome depends on the law applicable at the time and the actual evidence.