Have you been drinking and driving? Here is what you need to know
Whether we are aware of it or not, the decision to drink and then get behind the wheel can have serious consequences, both for ourselves and for those around us. In a society where mobility is a necessity, the responsibility involved in driving under the influence of alcohol must not be underestimated. This article focuses on the essential points that everyone should know when it comes to drink-driving.
What is the penalty for drink-driving?
Under Romanian legislation on driving under the influence of alcohol, the penalties vary according to the level of alcohol detected in the breath. Under the rules currently in force:
- Where the alcohol level exceeds 0.0 mg/l, but remains below 0.40 mg/l of exhaled air, the driver will receive an administrative fine and their right to drive will be suspended for a period of 90 days.
- The situation becomes considerably more serious if the alcohol level exceeds 0.40 mg/l of exhaled air, as this then amounts to a criminal offence. Anyone found guilty faces a prison sentence of between 1 and 5 years, or a criminal fine.
It should be noted that the rules on drinking and driving are subject to change, so it is important to check the information against the legislation currently in force.
A first drink-driving offence
In the case of a first breach of the drink-driving rules, the criminal law may be more permisiv, taking into account your previous record with the law. At this stage, there is an opportunity to examine the circumstances in which the offence occurred and to assess their impact on the legal outcome.
It is worth noting that, in certain cases, a clean record may influence the attitude of the authorities and of the judicial system. However, this more lenient approach may depend on circumstances such as the alcohol level, cooperation with the authorities and any other relevant aspects of the case.
For a first offence, therefore, it is crucial to consult a specialist lawyer in order to protect your interests and to navigate the legal system effectively. Responsible conduct and strict compliance with the rules will go a long way towards managing the consequences of the offence and maintaining a clean record in the future.
The fine for drink-driving
Where the alcohol level is between 0.01 mg/l and 0.40 mg/l of pure alcohol in the exhaled air, an administrative offence is established, carrying financial penalties of between 1305 lei and 2900 lei.
In addition, the right to drive vehicles on public roads is suspended for a period of 90 days, and in the event of a road accident this suspension is extended to 120 days. It is important to bear in mind that, in such cases, no reduction of the suspension period is available, and the test required to recover the licence remains mandatory.
What is the drink-drive limit?
Romania applies a zero-tolerance policy towards drinking and driving. This means that the legal alcohol limit in exhaled air is 0 mg/l.
In other words, any amount of alcohol detected in the blood while driving is regarded as a breach of the law and may attract the corresponding penalties. It is essential to be aware that the rules may change, and compliance with this limit is vital for road safety and for preventing the serious consequences of drink-driving.
Are you allowed one beer at the wheel?
The question of whether you can have a beer and still drive often prompts debate about its effect on driving ability. Although opinions differ, the rules in Romania are clear: there is zero tolerance for alcohol at the wheel.
According to information provided by MedLife, even a beer of 500 ml with an alcohol content of 5% may take between 2 and 6 hours to be fully eliminated from the body. This underlines the fact that even small amounts of alcohol can have a lasting effect on the ability to drive safely.
Turn to a criminal lawyer!
When you face the difficult situation of being stopped by the police with an alcohol level above the legal limit, working with a criminal lawyer becomes essential in order to protect your rights and interests. Here are some of the advantages of instructing a criminal lawyer in such circumstances:
- Specialist Legal Experience: Criminal lawyers have expertise in criminal law and are familiar with the specific details of drink-driving cases. This specialist experience enables them to identify any inconsistencies or procedural errors that could affect the outcome of your case.
- Effective Representation in Criminal Proceedings: Working with a criminal lawyer ensures competent representation before the court. Your lawyer can develop a solid defence strategy to support your case and to minimise the possible legal consequences.
- Detailed Knowledge of Procedure: Legal proceedings in drink-driving cases can be complex. A criminal lawyer knows the specific details and procedures, helping you to navigate the judicial system with confidence and to exercise your rights properly.
- Reduction of the Sentence: Your lawyer will seek to obtain the most favourable outcome for you, including a reduced sentence or an acquittal, where possible. Through negotiation or other legal means, a lawyer can act to mitigate the consequences you might otherwise face.
- Assistance in Criminal Proceedings for Drink-Driving: When a criminal case is opened for drink-driving, your lawyer can advise you and guide you on the documents required and the legal procedures involved, making your journey through the courts considerably easier.
Working with a criminal lawyer on a drink-driving case is a sensible decision, both to protect your rights and to maximise your chances of a favourable outcome before the court.
Buju, Stanciu & Associates are here to give you the support and expertise you need if you are facing criminal proceedings for drink-driving.
Contact us now by telephone or at our Bucharest office and be ready to face any legal challenge with confidence!