DUI Lawyers: Driving Under the Influence in Romania

Our lawyers in Romania answer a number of common questions about drink driving and the consequences that drivers can expect. Do not hesitate to reach out to us for legal representation.

Which Romanian law criminalizes driving under the influence?

This offense is regulated by the Criminal Code, in art. 336, entitled “Driving a vehicle under the influence of alcohol or other substances.”

According to this article, driving a vehicle on public roads for which the law requires holding a driving license by a person who has an alcoholic concentration of over 0.80 g/l of pure alcohol in the blood shall be punished by imprisonment from one to five years and the prohibition of certain rights (since 3 June 2024 a fine is no longer an alternative penalty). Specialized legal assistance is provided upon request by our team of Romanian lawyers.

Moreover, the next paragraph of the same article incriminates the person who, under the influence of psychoactive substances, drives a vehicle for which the law requires holding a driving license.

The term psychoactive substance refers to substances that affect the behavior, consciousness and disposition of the person who consumes them. You can also rely on the legal aid offered by our Romanian lawyers in cases invlving drig driving, apart from those concerning drink driving.

What is the penalty for driving under the influence in Romania?

Both driving a vehicle while intoxicated and driving under the influence of psychoactive substances are punished by imprisonment from one to five years and the prohibition of certain rights (Law no. 172/2024 removed the alternative of a fine).

If the person mentioned above is performing public passenger transport, transport of dangerous substances or products or is in the process of practical training of persons for obtaining a driving license or during the practical tests for the examination to obtain a driving license, he/she shall be punished with imprisonment from 2 to 7 years. Legal representation can be provided by the team of litigators at our law firm in Romania.

Notice that the last paragraph inserts a qualified subject for the offense of drunk driving or driving under the influence of other substances, namely the person performing public passenger transport, for whom higher penalty limits are applied. This reflects the seriousness of the offenses.

Art. 190 par. 8 of the Code of Criminal Procedure stipulates that, in case of driving a vehicle by a person who is under the influence of alcohol or other substances, biological samples are taken by a doctor, nurse or other person with medical training, as soon as possible, in a medical facility, under the special laws.

The specialists at our Romanian law firm can give you more details about the mandatory collection of samples in such cases. 

What form of intent does Romanian law require for the DUI offense?

The subjective aspect of driving a vehicle under the influence of alcohol in the form of intent involves intention, which can be direct or indirect. There is direct intent when the driver foresees, as inevitably, the result of his act and therefore aimes its production by committing that act. There is indirect intent when the subject foresees the result, not pursued, but accepts its possibility.

For more details regarding  the offense of driving a vehicle under the influence of alcohol or other substances, please feel free to consult the list of attorneys within the law firm Darie, Manea & associates who  will guarantee specialized legal advice, accurate and complete information, as well as representation before the competent authorities when required. Do not hesitate to contact our law firm in Romania.