Drug driving lawyer in Bucharest
Were you tested with a roadside drug test and the result was positive?A rapid test alone does not establish guilt. Toxicological confirmation and proof of the state of influence are required.I review the testing procedure, the sampling and how the result was interpreted.
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The roadside drug test was positive
The rapid saliva test indicates the presence of a substance, not the quantity and not the state of influence. The result must be confirmed through biological samples.
You were taken to hospital for blood samples
The laboratory analysis shows the substance and its metabolites. The presence of metabolites may indicate earlier use, not necessarily influence while driving.
You were taking prescribed medication
Some medicines contain psychoactive substances that can produce a positive result. Prescriptions and medical records become important evidence.
You are also investigated for possession
If substances were found on you, the case may also include a charge of possession for personal use, with a distinct defence.
What I review immediately in a drug driving case
I check:
- how the preliminary roadside testing was carried out;
- how the rapid test result was recorded;
- the interval between the stop and the biological sampling;
- the toxicology report and the substances identified;
- the difference between the active substance and inactive metabolites;
- any clinical signs of influence noted by the physician;
- the clinical examination sheet drawn up at the medical unit;
- the chain of custody of the samples;
- the medication taken and the related prescriptions;
- the statements given at the scene;
- any related road offences in the same case;
- whether a toxicological expert report is appropriate.
What you should send me
If you have them, send me:
- the record of withholding the licence;
- the document showing the rapid test result;
- the clinical examination sheet from the medical unit;
- the toxicology report;
- prescriptions and medical documents for your treatment;
- the summons or ordinance received;
- the statement given, if you have a copy.
If you are still waiting for the laboratory result, tell me which substance the rapid test indicated and when the sampling took place.
What the law provides for driving under the influence of drugs
Art. 336 (2) of the Criminal Code punishes driving a vehicle on public roads by a person under the influence of psychoactive substances.
Unlike alcohol, the law sets no numerical threshold. The prosecution must prove the state of influence at the time of driving, not merely the presence of the substance in the body.
Rapid test, toxicological confirmation and metabolites
The saliva test is a preliminary test with an indicative role. Confirmation is made through biological samples taken in an authorised medical unit.
The analysis may identify the active substance or only metabolites, meaning traces of earlier use. Metabolites alone do not automatically prove influence while driving.
For this reason the clinical examination and the concrete signs recorded by the physician are particularly important.
Medication containing psychoactive substances
Certain treatments for pain, anxiety or sleep disorders contain substances that may appear in the analysis.
In such situations it matters whether the treatment was prescribed, whether the recommended dose was respected and whether the patient was informed about the effects on driving.
Your licence and the course of the case
The licence is withheld and the right to drive is suspended for the duration of the proceedings, under the law.
If you have been summoned to give a statement, preparing the police or prosecutor questioning is the first useful step.
Common mistakes in drug driving cases
- admitting recent use before knowing the laboratory result;
- refusing biological sampling, which triggers a separate charge;
- not presenting medical documents for prescribed treatment;
- accepting uncritically that any positive result means guilt;
- not requesting a toxicological expert report;
- driving while the right to drive is suspended.
Frequently asked questions
Does a positive drug test automatically mean a conviction?
No. The rapid test is preliminary. The prosecution must prove, through analysis and clinical examination, the state of influence at the time of driving.What does state of influence mean?
It is the state in which the ability to drive is affected by the substance used. It is established through toxicology combined with the clinical examination and the concrete circumstances.I used a substance days earlier. Am I still criminally liable?
The presence of metabolites may indicate earlier use. Without proof of influence at the time of driving, this can be challenged through expert evidence.Can prescribed medication put me in a criminal case?
It is possible if the medicine contains psychoactive substances. The prescription, medical advice and dosage are essential for the defence.What happens if I refuse testing?
Refusing biological sampling is a distinct offence under art. 337 of the Criminal Code, regardless of the result the analysis would have shown.Can I obtain a non-custodial outcome?
Yes. Depending on the evidence and circumstances, dismissal, waiver of prosecution, postponement of the penalty or a suspended sentence are possible.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Legislative Portal - Criminal Code, art. 336 on driving under the influence of psychoactive substances. (Legislation)
- Legislative Portal - Criminal Procedure Code, provisions on evidence and expert reports. (Legislation)