Evidence requirements for determining the blood alcohol level in the case of the offence of driving a vehicle under the influence of alcohol or other substances

Abstract

Although the legislator tried to simplify the probation in the matter of the crime of driving a vehicle on public roads when exceeding the legal limit of alcohol, the regulation of this system was considered unconstitutional. The Constitutional Court of Romania considered that the blood alcohol level from the moment of driving the vehicle, not from the moment of sampling, is relevant for the existence of the crime. In the absence of a change in the conditions of incrimination, the possibility of pronouncing the conviction only if two blood samples are taken returned, being mandatory to establish the blood alcohol level when driving on public roads, at a time before detecting and stopping the driver.