{"id":6617,"date":"2026-02-24T05:40:35","date_gmt":"2026-02-24T05:40:35","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6617"},"modified":"2026-11-07T13:36:06","modified_gmt":"2026-11-07T13:36:06","slug":"conducerea-sub-influenta-substantelor-psihoactive-ghid-complet","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/conducerea-sub-influenta-substantelor-psihoactive-ghid-complet\/","title":{"rendered":"Driving under the influence of psychoactive substances: law, testing and evidence"},"content":{"rendered":"
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Driving under the influence of psychoactive substances may lead to criminal liability under Article 336(2) of the Criminal Code. A positive roadside screening test is preliminary. Criminal classification depends on the evidence and the criteria clarified by the High Court of Cassation and Justice.<\/p>

Article 336(2) of the Criminal Code<\/h2>

The provision concerns driving on public roads a vehicle requiring a licence while under the influence of psychoactive substances. The current prescribed penalty is imprisonment from one to five years and disqualification from exercising certain rights.<\/p>

In the situations expressly covered by paragraph (3), including certain public passenger transport and transport of dangerous substances, the range is two to seven years together with disqualification from exercising certain rights.<\/p>

What must be established under the High Court\u2019s ruling?<\/h2>

In Decision No 25\/2025, the High Court held that Article 336(2) requires both the presence of a psychoactive substance in biological samples and the substance\u2019s capacity to affect the ability to drive. A positive preliminary screening result therefore does not, by itself, automatically establish every element of the offence.<\/p>

Article 336(2) does not specify a minimum numerical concentration. That does not mean that the mere presence of a substance is sufficient in every case. The substance, laboratory findings, timing and circumstances of driving, and other relevant evidence must be assessed. The absence of obvious clinical signs does not, by itself, decide the case either.<\/p>

Testing and biological sampling<\/h2>

Police may carry out preliminary testing with certified technical equipment. The presence of psychoactive substances is established by analysis in authorised forensic institutions, accredited specialist Romanian Police laboratories or accredited and authorised public health facilities, as provided by Article 88 of Ordinance No 195\/2002 and the applicable rules.<\/p>

Collection, storage and transport follow the rules approved by Government Decision No 877\/2024. Laboratory analysis and interpretation are distinct from the rapid screening test.<\/p>

The toxicology report and procedural documents must be read together. There is no general rule that every alleged procedural departure automatically invalidates the evidence.<\/p>

Refusing biological sampling<\/h2>

Refusing or evading the collection of biological samples required to establish the presence of psychoactive substances may constitute the separate offence under Article 337, punishable by imprisonment from one to five years. In an actual situation, seek a lawyer\u2019s explanation of the consequences and procedural rights.<\/p>

What should be checked?<\/h2>