What is drink driving?
The offence of driving under the influence of alcohol (Article 336(1) of the Criminal Code) consists of driving a motor vehicle by a person who is required to hold a valid driving licence and has an alcohol content of more than 0.40 g/l of alcohol in the breath or 0.80 g/l of pure alcohol in the blood.
The offence of driving under the influence of alcohol (Article 336(1) of the Criminal Code) consists of driving a motor vehicle by a person who is required to hold a valid driving licence and has an alcohol content of more than 0.40 g/l of alcohol in the breath or 0.80 g/l of pure alcohol in the blood.
When stopped by the police, if the driver is suspected of having consumed alcohol, he/she will be informed that he/she must take a breathalyzer and/or go to the Institute of Forensic Medicine for the collection of biological samples in order to determine the exact alcohol level. Usually two blood samples will be taken every hour.
Blood alcohol levels vary according to several criteria such as age, physical condition, metabolism, amount of alcohol and food consumed, the time that has elapsed between drinking and taking the biological samples.
During the criminal investigation, the driver will have his driving licence suspended in accordance with Article 111(1) of the EC Treaty. (3) of OUG 195/2002, not benefiting from a substitute proof with the right to drive. It is therefore very important that the person under investigation takes all the necessary steps to resolve the case quickly, otherwise there is a risk that the case will be resolved after 3 or even 4 years.
What penalties can be imposed?
The penalty and the way it is determined will depend on the evidence gathered during the prosecution and the evidence given during the trial, the circumstances in which the offence was committed and the person who committed it. Thus, the penalty may range from 1 to 5 years’ imprisonment or a fine, and the method of enforcement (enforcement in the strict sense, suspended enforcement of the penalty under supervision, deferment of enforcement) varies from case to case, depending on the criteria listed above.
A professional approach to such a problem can lead to a favourable solution, including preventing the driving licence from being cancelled.
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