Drunk driving lawyer in Bucharest
Were you stopped in traffic, tested with a breathalyser and had your licence withheld?The first hours matter: how the testing was carried out, when the blood samples were taken and what you declared at the scene.I assess whether the recorded blood alcohol level withstands a technical review and what solutions exist in your case.
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What is your situation now?
Choose the scenario closest to your situation.
The breath test showed a high value
The breath test value is only an indication. The criminal charge is based on the blood alcohol concentration expressed in grams of pure alcohol per litre of blood.
I check whether you were offered blood sampling and whether the device was metrologically verified.
Blood samples were taken and you await the toxicology report
Until the laboratory result arrives, no final charge can be discussed. The interval between the traffic stop and the sampling is essential.
I prepare in advance the arguments regarding the alcohol elimination curve and possible sampling or transport errors.
You were also involved in an accident
When alcohol is combined with a road event, the defence is built together with the one in a case of road accident with victims.
You were summoned for questioning
Before giving a statement you should know exactly what is alleged. See how I prepare police or prosecutor questioning.
What I review immediately in a drunk driving case
I check:
- the time of the traffic stop and the exact time of the breath test;
- the metrological verification certificate of the device used;
- whether you were informed of your right to request blood sampling;
- the interval between the stop and the first blood sample;
- compliance with the two successive samplings and the interval between them;
- the chain of custody of the samples;
- the way the blood alcohol level was calculated;
- any alcohol consumed after the stop, where this can be proven;
- the statements given at the scene and how they were recorded;
- the record of withholding the driving licence;
- medical conditions or treatments that may influence the result;
- the option of a forensic expert report recalculating the blood alcohol level.
What you should send me
If you have them, send me:
- the record of withholding the licence and the temporary permit;
- the breath test slip, if you received one;
- the toxicology report, if already issued;
- the ordinance starting the criminal investigation or the summons;
- the statement given to the police, if you have a copy;
- medical documents or prescriptions for any treatment;
- the details of witnesses who were with you before the stop.
If you have no written documents yet, tell me the time of the stop, the breath test value and the time of the blood sampling.
When drunk driving is a criminal offence
Under art. 336 (1) of the Criminal Code, driving a vehicle on public roads with a blood alcohol concentration above 0.80 g/l of pure alcohol is a criminal offence.
Below that threshold the act generally remains an administrative offence under the Road Code, with consequences regarding fines and licence suspension.
The threshold refers to blood alcohol, not to the breath test value. This is why the laboratory result is the central piece of evidence.
Breath test, breathalyser and blood samples
Preliminary roadside testing serves as an indication only. The blood alcohol concentration is established through biological samples taken in authorised medical units.
Any irregularity concerning the moment of sampling, the number of samples, their preservation or transport may affect the evidentiary value of the toxicology report.
Blood alcohol at the time of driving and retrograde calculation
Between the traffic stop and the sampling, the body continues to absorb or eliminate alcohol.
Depending on the phase, the blood alcohol level at the time of driving may be lower than the laboratory result. This difference is established through a forensic expert report.
The request must be reasoned and supported by concrete data on quantity consumed, timing, food intake and body weight.
What happens to your driving licence
In a criminal case for drunk driving the licence is withheld and the right to drive is suspended for the duration of the proceedings, under the law.
Returning the licence depends on the outcome of the case. A dismissal or acquittal opens the way to recovering the right to drive, while a conviction brings additional restrictions.
Possible outcomes in the case
- dismissal, where the blood alcohol level at the time of driving was below the criminal threshold;
- acquittal, where the evidence does not support the charge;
- waiver of criminal prosecution, under the conditions provided by law;
- postponement of the application of the penalty, with a supervision term;
- suspended sentence under supervision;
- a plea agreement, where it brings a better result than an ordinary trial.
Common mistakes after a traffic stop
Refusing biological sampling is a separate offence, explained on the page about refusal to provide biological samples.
- refusing blood sampling, which is a distinct offence;
- drinking alcohol after the stop without being able to prove it properly;
- giving detailed statements without a lawyer;
- losing the documents received from the police;
- ignoring the summons for questioning;
- driving while the right to drive is suspended.
Frequently asked questions
From what level does drunk driving become a criminal offence?
Above 0.80 g/l of pure alcohol in the blood, under art. 336 (1) of the Criminal Code. Below that threshold the act is generally an administrative offence.Is the roadside breath test enough for a conviction?
No. The breath value is only an indication. The blood alcohol concentration is established through samples taken in an authorised medical unit.Can I challenge the toxicology report?
Yes. You can invoke irregularities in sampling, preservation or transport and request a forensic expert report on the blood alcohol level at the time of driving.What is retrograde calculation of blood alcohol?
It is an expert assessment estimating the blood alcohol level at the time of driving, based on the laboratory result and on data about the consumption and the person.Will I lose my licence permanently?
The licence is withheld during the proceedings. Any longer loss of the right to drive depends on the final decision in the criminal case.Can I avoid a custodial sentence?
Depending on the alcohol level, criminal record and circumstances, a 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. (Legislation)
- Legislative Portal - Criminal Procedure Code, provisions on evidence and expert reports. (Legislation)