The criminal drink-driving threshold and interpretation of evidence have been affected by legislative amendments and decisions delivered at different times. A ruling on a specific legal question must be distinguished from device readings and the result of a blood test.

The statutory criminal threshold and penalty

Under the current wording of Article 336(1) of the Criminal Code, driving on public roads a vehicle requiring a licence 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.

Law No 172/2024 amended the provision and introduced Article 83(2¹), excluding postponement of the application of the sentence for the offences in Articles 335 and 336.

Where the conduct is not 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 a ninety-day driving suspension. Classification depends on the evidence and circumstances, not an isolated reading.

The High Court’s decision on two blood samples

In Decision No 3 of 12 May 2014, the High Court of Cassation and Justice held that, where two biological samples were taken, the blood-alcohol result relevant for criminal purposes was that of the first sample.

The ruling answered a specific question concerning Article 336 under the legislation then in force. It does not establish that every sampling irregularity automatically excludes the evidence, converts the matter into an administrative offence or produces an acquittal.

Subsequently, Constitutional Court Decision No 732/2014 declared unconstitutional the phrase “at the time of collection of biological samples” in the former wording of Article 336(1).

These decisions must therefore be read against the legislation in force when they were delivered. A present case requires examination of the law applicable at the time of the alleged conduct and the case law relevant to that version. A historical explanation cannot automatically be transferred to every current situation.

Breath and blood: different measurements

A result in mg/l of pure alcohol in exhaled breath is not the same measurement as a result in g/l in blood. Ordinance No 195/2002 governs testing with certified technical equipment.

Under the conditions in Article 88, a second breath test may be requested for a reading up to 0.10 mg/l, while biological sampling may be requested for readings from 0.11 to 0.40 mg/l inclusive. Examine the actual procedure and documents against the relevant circumstances.

Assessing an individual case

Relevant matters may include the times of the stop and sampling, toxicology reports, testing records and compliance with sampling and transport procedures. Expert evidence or a challenge to the evidence does not guarantee a particular result. The court assesses lawfulness and evidential weight in the context of the evidence as a whole.

Keep the offence report and medical documents, observe restrictions on driving and arrange for a lawyer to check the documents and deadlines. For an administrative traffic offence, the ordinary challenge period is fifteen days from handover or service of the report.

Official sources

General information, which does not replace advice based on the evidence and law applicable to a particular case.