The new rules adopted by the Government, regarding the sanctioning of drunk or drugged drivers, entered into force. From now on, drivers with a low blood alcohol level can request a retest, but not a blood test.
The two Government Ordinances that bring important changes to the traffic law were published in the Official Gazette.
For example, drivers with a low blood alcohol level can ask to repeat the test after a certain time. Instead, they will not be allowed to take blood tests.
Drivers with a low blood alcohol content can ask for a retest
Romania has one of the most restrictive laws regarding alcohol consumption among drivers.
Both the old law and the new rules provide for the suspension of the driver’s license if the tests indicate the presence of alcohol in the body.
However, there is a change regarding drivers with low blood alcohol levels. If, following the breathalyzer check, an alcohol concentration in the exhaled air between 0.1 and 0.10 was established, they have the right to request a retest.
In this situation, he must wait 15 minutes, after which he will blow into the breathalyzer again. The alcohol concentration resulting from this second test will be the official one.
Low blood alcohol drivers may require blood tests
If the result of the breathalyzer test is zero, then the driver is free to go.
If, however, after the second test, the machine indicates an alcohol level between 0.1 and 0.10, the driver will be fined and have his license suspended for 3 months.
In addition, according to the new law, you will not be able to request a laboratory analysis.
Because the new law establishes that these analyzes can be done:
- optional, if a value between 0.11 and 0.40 is recorded in the breathalyzer sample
- mandatory, if the alcohol absorption in the exhaled air is over 0.40.
Therefore, drivers with a low blood alcohol level, below 0.10, do not have the right to request blood tests.
Driver’s license, suspended for only 3 days for alcohol or drugs
The new rules adopted by the Government establish that drivers who perform blood tests cannot remain without a license for more than 3 days.
„The revoked driver’s license is returned on the basis of the toxicological analysis report which established the absence of psychoactive substances in the body or of alcohol in the blood, as the case may be, or upon completion of the 72-hour period from the time of completion of the biological sample collection procedures, if no such bulletin has been communicated“, it is noted in the new normative act.
But, even if they regain possession of the license after 3 days, drivers who drove under the influence of alcohol do not escape the penalty.
If the toxicology results confirm that the driver was under the influence of drugs or alcohol, his driver’s license will be suspended again. And, if he exceeded the misdemeanor limit, then a criminal case will be opened against him and he will end up in prison.
What is the blood alcohol limit in Romania?
Emergency Ordinance 195/2002 establishes the limits of pure alcohol in exhaled air and its concentration in the blood. It also provides for the sanctions that the police can apply to the person who committed the offense.
Thus, for a concentration between 0.01 and 0.40 mg/l of alcohol in exhaled air, the driver will be fined for contravention. At the same time, the driver’s license will be suspended for 90 days and he will receive between 1,485 lei and 3,300 lei contravention fine.
„Driving a car or tram on public roads by a person with an alcohol concentration of over 0.80 g/l of pure alcohol in the blood (over 0.40 mg/l of pure alcohol in the exhaled air) is punishable by imprisonment from 1 to 5 years“, establishes ART 87 of the Emergency Ordinance 195/2002.
In addition, penalties for driving under the influence of alcohol or drugs are enforceable. Which means drivers caught drinking or drugged will end up in jail.
Source: www.promotor.ro
