{"id":7005,"date":"2026-04-23T10:43:54","date_gmt":"2026-04-23T10:43:54","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7005"},"modified":"2026-10-31T11:35:08","modified_gmt":"2026-10-31T11:35:08","slug":"alcohol-behind-the-wheel-defense-strategies-and-contesting-evidence-in-practice","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/alcool-la-volan-strategii-de-aparare-si-contestare-a-probelor-in-practica\/","title":{"rendered":"Alcohol at the wheel: how the evidence is verified and what the defense can do"},"content":{"rendered":"

In a case involving driving under the influence of alcohol, the defense\u2019s analysis starts with the concrete evidence and the moment of driving. A breathalyzer test result, a toxicological analysis, and relevant criminal alcohol level are different things; no general irregularity invoked does not guarantee the exclusion of evidence or acquittal.<\/p>\n

The criminal threshold and the difference between the breathalyzer test and biological the evidence<\/h2>\n

According to Article 336(1) of the Criminal Code, the offense of driving under the influence of alcohol involves an alcohol level exceeding 0.80 g\/l pure alcohol in the blood. The breathalyzer measures alcohol in the exhaled air and is used in the road traffic procedure, including in determining the circumstances under which biological samples are collected. The blood concentration is determined by authorized medical-legal institutions.<\/p>\n

Decree no. 195\/2002 provides for the mandatory collection of biological samples, among other things, when testing indicates more than 0.40 mg\/l pure alcohol in exhaled air. For values between 0.11 and 0.40 mg\/l, the person may request the collection. At a value of up to 0.10 mg\/l, a second test may be requested after 15 minutes, but no later than 20 minutes; in this case, the law gives legal value to the lower result.<\/p>\n

What is happening in the case file<\/h2>\n