The offence of driving a vehicle under the influence of alcohol or other substances. The type-related condition

DREPT PENAL ȘI DREPT PROCESUAL PENAL

Abstract

The offence of driving a vehicle under the influence of alcohol or other substances is incriminated in two versions, i.e. a basic version provided by para. (1) of Art. 336 of the New Criminal Code and a similar version, provided in para. (2) of the same article. The main difference between the two regulatory versions consists in the substances affecting the person – the active subject of the offence, as follows: alcoholic drinks, in case of  standard form and psychoactive substances, in case of the similar form. In case of the standard form, the law provides a minim alcohol level – over 0.80% – necessary for the existence of the offence, and in the similar form, the existence of the offence is not conditional upon a minimum level of concentration of psychoactive substances in said person’s body meaning that circumstances like the time when the forbidden substances were consumed, the aptitude of the consumed substances to influence the capacity of the 
accused to drive vehicles on the public roads is irrelevant to appreciate the fulfilment of the objective side of the offence. As to the fact that the existence of the similar form of the offence provided in Art. 336 para. (2) of the New Criminal Code does not require “measuring” and determining the level of concentration of psychoactive substances in the body of the person, the result of 
the toxicological analysis when the preset protocol was not met in collecting the biological samples, the court may hold that it states the truth if related to other means of evidence that were duly adduced in the case.