- Breath alcohol 0.1–0.40 mg/L: contravention with fines and 90-day suspension.
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0.40 mg/L: offense with criminal case and possible license revocation; imprisonment 1–5 years or fine.
- Refusal to provide samples: punishable by 1–5 years imprisonment or fine.
- Zero tolerance: penalties escalate with BAC; deterring drunk driving.
Romania faces a serious problem with alcohol consumption that is reflected in road traffic. According to Eurostat, in 2019, 35% of adults in Romania admitted to drinking alcohol in excess at least once a month, and the country ranks tenth in Europe for pure alcohol consumption.
The phenomenon of driving under the influence of alcohol or drugs is growing, raising alarm. Official data show that in July of the current year, 70 criminal cases were opened against drivers caught behind the wheel under the influence of prohibited substances, compared to 60 cases for driving under the influence of alcohol.
Dr. Oana Grecu, a psychiatrist at the Socola Institute of Psychiatry in Iași, regards alcohol as a true “toxin of family systems,” noting that it is embraced, accepted and consumed with ease by Romanians, regardless of whether it represents a real health problem.
The crucial difference between traffic contraventions and offenses
Contravention: Severe Administrative Penalties
When a driver is detected by traffic police with a breath alcohol content between 0.1 and 0.40 mg/L of pure alcohol in the exhaled air, the act falls under a contravention. The consequences are as follows:
- Fine between 1,305 and 2,900 RON (9-20 penalty points)
- Suspension of the right to drive for 90 days
- Removal of the driving license during the suspension
Offense: Serious Criminal Consequences
When the breathalyzer indicates a result of more than 0.40 mg/L of pure alcohol in the exhaled air, the act becomes an offense. In this case:
- The driver is taken to a medical facility for the collection of biological samples
- A criminal case is opened
- The driving license is revoked in case of conviction
- Imprisonment for 1 to 5 years or a criminal fine when the blood alcohol level exceeds 0.8 mg/L
Important: Refusal to provide samples at the medical facility is punishable by imprisonment from 1 to 5 years or a criminal fine.
Zero tolerance for drunk drivers
Romanian law applies the zero-tolerance principle for drivers who operate a vehicle while intoxicated. They must understand that they risk not only remaining pedestrians for a long period but potentially ending up in prison; the line between a contravention and an offense is determined by the blood alcohol level.
An average Romanian consumes 11 liters of pure alcohol per year, placing Romania tenth in Europe. This alarming statistic is reflected in the rising number of road incidents caused by drivers under the influence of alcohol or drugs.
Obligations of traffic police in detecting drunk drivers
Authorized bodies have at their disposal certified technical means: electronic devices and, by exception, alcohol-scop vials for detecting the amount of alcohol in the blood. The results obtained serve as evidence in sanctioning the contravention.
Mandatory procedures for police
Testing road users:
- Initiating the testing procedure when necessary and appropriate
- Testing when drivers emit alcohol vapors, have been involved in road incidents, or demonstrate abnormal behavior
- Using passive and active testing in accordance with recommendations for each device
Information and transparency of the process:
- Informing the driver that they are about to be tested
- Explaining the testing procedure
- Unsealing the protective device (mouthpiece) in the driver’s presence
Documentation and samples:
- Printing the protocol to transform the result into tangible evidence
- Attaching it, signed by the subject and completed with necessary data
- Presenting the alcohol-scope vial and demonstrating that the reagent is yellow throughout
Sealing and preserving the samples:
- Sealing with red wax the vial used at both ends
- Conducting the procedure in the driver’s presence
- Following the instructions in the vial packaging
Completing legal documentation
For contraventions (0.11-0.40 mg/L):
- Completing the contravention report
- Completing the substitute proof of the driving license
- Noting mandatory data: the number or series of the vial/device, sample number, the driver’s refusal to go to the medical unit, the green tint coefficient
For offenses (over 0.40 mg/L):
- Driving to the nearest medical unit for collecting biological samples
- Opening the criminal case
- Documenting the refusal to submit to testing
Testing other categories of road users
Police are required to note in the protocol whether they used the breathalyzer to test other categories of road users: cyclists, cart drivers, pedestrians, etc.
Interdictions for traffic police
Legislation clearly defines what traffic police are not allowed to do:
- Using the breathalyzer without a protective device or using it for multiple tests
- Requesting breath into the collection balloon without attaching the alcohol-scope vial
- Issuing a substitute proof of license that allows circulation while the license is retained
- Using the breathalyzer without prior adjustment of the date and time when changing shifts
- Using the device under conditions other than those specified in the operating manual
Social impact and the need for prevention
Romania ranks among the top ten countries in Europe for alcohol consumption, which generates complex social problems and threatens road safety. Sustained awareness campaigns about the risks are needed, especially since official data show for the first time a concerning figure of drug-impaired drivers on public roads.
The phenomenon poses a real danger to both those who drive under the influence and other road users. The severe penalties applied by Romanian law aim to deter these behaviors and protect the lives and physical integrity of all.