Supreme Court: Driving Under Influence Needs Proof of Impaired Driving Ability

The High Court of Cassation and Justice (ÎCCJ), Romania’s Supreme Court, decided on Monday, January 27, that a criminal case can be opened against a driver for “driving under the influence of psychoactive substances” if the tests show that he had those substances in his body, but also if it is proven that the presence of those substances in his body affected his ability to drive.

Until the High Court of Cassation and Justice’s decision, drivers were charged with “driving under the influence of psychoactive substances” only if tests showed that they had those substances in their bodies.

“In the case of the crime of driving a vehicle under the influence of psychoactive substances, provided for in art. 336 para. (2) of the Criminal Code, in order to fulfill the essential condition attached to the material element of the objective side, that is, that the defendant was under the influence of psychoactive substances, it is necessary to establish both the presence of the psychoactive substance in the biological evidence and its ability to affect the driving ability of the perpetrator”, according to the minutes of the High Court of Cassation and Justice’s decision.

The Penal Code punishes driving a vehicle under the influence of psychoactive substances with imprisonment from 1 to 5 years. However, the phrase “under the influence” has raised questions among citizens, legal specialists and criminological experts. The controversies have intensified since the Traffic Police began testing drivers in traffic. This summer, the Government adopted an Emergency Ordinance by which drivers who refuse testing or test positive for alcohol or psychoactive substances automatically have their license withheld. The document is returned if they do not receive the results of the tests within 72 hours of collection. Three years ago, the same High Court ruled that it is sufficient to detect a trace of a substance in the body to conclude that the person in question is “under the influence”.

There have been cases where people have been accused of driving under the influence of psychoactive substances, although the actual consumption of prohibited substances occurred a few days before the drivers got behind the wheel. The legal dilemma that reached the judges of the ICCJ was launched in a case concerning the case of a driver detected “under the influence of drugs” with an “inactive metabolite of cocaine”.

Forensic experts found that the substance lost its effect when the driver was stopped in traffic. There have also been cases where police tests have given false-positive results and indicated the presence of psychoactive substances in situations where the individuals concerned have consumed medications, such as Paracetamol, as revealed by an investigation published by Snoop.ro.

In the situations described above, the amounts found in the drivers’ bodies are “tiny”, and experts emphasize that “there is no influence on the driver’s capabilities and reactions”.