Traffic offences in Romania

Where the fine ends and the criminal offence begins

Romanian law draws the line at a single figure. Below 0.80 g/l of pure alcohol in blood, driving under the influence is an administrative offence: a fine plus a 90 day suspension of the driving licence, under art. 102 (3) (a) of Government Emergency Ordinance no. 195/2002. Above 0.80 g/l, it becomes a criminal offence under art. 336 of the Criminal Code, with a criminal record attached.

Foreign drivers are frequently caught by this distinction, because the threshold and the consequences differ substantially from those in their home jurisdiction.

Driving under the influence, art. 336 Criminal Code

The text was amended by Law no. 172/2024, in force from 3 June 2024. In its current form, paragraph (1) provides imprisonment from 1 to 5 years and a ban on exercising certain rights. The alternative of a fine no longer exists. The same penalty applies under paragraph (2) to driving under the influence of psychoactive substances, for which the law sets no threshold value at all.

For psychoactive substances, where the law sets no threshold at all, the position is covered separately in the article on drug driving in Romania, including High Court Decision no. 25/2025.

Law no. 200/2023, in force from 9 July 2023, had already removed from paragraph (1) the phrase „at the time the biological samples are taken”, held unconstitutional for lack of foreseeability by Constitutional Court Decision no. 732/2014. What counts is therefore the blood alcohol concentration at the time of driving, not at the time of sampling, which is why the interval between the stop and the sample, and the limits of retrograde extrapolation, matter in every case.

The same law introduced paragraph (3), which raises the penalty to 2 to 7 years where the driver was carrying out public passenger transport, transporting dangerous substances, or acting as a driving instructor or examiner during practical training or testing.

Drinking after an accident, art. 336¹

Introduced by Law no. 200/2023, this offence targets a defence that used to work. Consuming alcohol or psychoactive substances after an accident resulting in death or bodily injury, and before biological samples are taken, carries 1 to 5 years or a fine. Paragraph (3) provides one exception: substances administered by authorised medical personnel where the driver's state of health requires it.

Refusing to provide samples, art. 337

Refusal or evasion of biological sampling carries imprisonment from 1 to 5 years, the same range as the offence the test would have established. Refusing does not improve your position, and it removes the technical challenges you could otherwise raise against the result.

Driving without a licence, art. 335

Driving without holding a licence carries 1 to 5 years, with no fine alternative; the fine was removed here earlier than for art. 336, by Law no. 200/2023, in force from 9 July 2023. Driving with a licence that does not cover the vehicle category, or that has been withdrawn, cancelled or suspended, carries 6 months to 3 years or a fine. Paragraph (3) extends the same penalty to anyone who hands over a vehicle to a person they know to be in one of those situations or under the influence.

Important for non-residents: a foreign licence that is not valid for driving in Romania places you within paragraph (2).

Leaving the scene of an accident, art. 338

The penalty is 2 to 7 years, the most severe in this area. The law provides four situations in which the act is not an offence: where only material damage resulted; where the driver personally took the injured to the nearest medical facility, declared their identity and registration number there, and returned immediately to the scene; where a priority vehicle was involved and the police were notified; and where the victim left the scene and the driver immediately notified the nearest police unit.

What sentencing options actually exist

Law no. 172/2024, in force from 3 June 2024, removed the criminal fine from art. 336 and, through art. 83 (2¹) of the Criminal Code, excluded deferral of penalty for the offences in art. 335 and art. 336.

For offences committed from that date, what remains is a suspended sentence under supervision, which is the usual outcome in a first case, immediate imprisonment, and, as rare exceptions, waiver of penalty under art. 80 or waiver of prosecution by the prosecutor.

For conduct before 3 June 2024 the more favourable criminal law applies under art. 5, and both the fine and deferral remain available.

A separate restriction: art. 91 (3¹), inserted by Law no. 200/2023, bars a suspended sentence for the aggravated forms of negligent homicide in art. 192 (2) and (3) where committed in the circumstances of art. 335 or art. 336. In fatal accidents, immediate imprisonment becomes mandatory.

On psychoactive substances specifically, including High Court Decision no. 25/2025, see the article on drug driving in Romania.

Your licence, in practice

For the offences above, the licence is retained under art. 111 of Ordinance no. 195/2002 and the replacement document is issued without the right to drive. There is a further consequence that surprises most clients: under art. 103 (1) (c), a 180 day suspension applies even after a case closure, an acquittal under art. 16 (1) (b) second sentence of the Criminal Procedure Code, a waiver of prosecution, a waiver of penalty or a deferral of penalty. A favourable criminal outcome does not automatically restore your right to drive.

How the defence is built

• The sampling procedure: the interval between the stop and the blood draw, the recorded times, compliance with the medical protocol.
• Chain of custody for the biological samples.
• The toxicology report: method, margin of error, and the limits of retrograde extrapolation.
• Breathalyser reading against blood test, which carry different evidential weight.
• Whether the road qualifies as public, which is far from obvious in private courtyards, car parks and industrial sites.
• The lawfulness of the traffic stop itself.

See also the general page on criminal defence in Romania.

This page is informational and reflects Romanian legislation in force as of 28 July 2026. It does not constitute legal advice. For your specific situation, please get in touch.