Driving under the influence of drugs is one of the most discussed road offences in recent years. Traffic checks, rapid tests for psychoactive substances and criminal cases opened after positive results have raised many questions for drivers.
From a legal point of view, such a situation must be carefully considered. A positive result on initial testing may trigger criminal proceedings, but the existence of the offence shall be determined by reference to the evidence administered in the dossier, the biological results, the nature of the substance identified and the specific circumstances of the case.
This article explains, in the sense of the reader, what the law provides for, what evidence may count in a criminal case for drugs at the wheel and why legal analysis is important before the hearing or before making statements.
What the Criminal Code provides for
Driving a vehicle under the influence of psychoactive substances is provided for in Article 336 (2) of the Criminal Code. The text penalises the person driving on public roads a vehicle for which the law provides for the obligation to have a driving licence if it is under the influence of psychoactive substances.
The statutory penalty is imprisonment for 1 to 5 years and disqualification from exercising certain rights. This is classified as an offence against road traffic safety, rather than a mere administrative offence.
In practice, the dossier may start after a traffic stop, roadside inspection or in the context of a traffic accident. Regardless of how the verification is reached, the analysis shall be carried out according to the documents of the dossier and the scientific evidence administered.
What does "under the influence of psychoactive substances" mean?
One of the most important issues in these dossiers is the interpretation of the phrase "under the influence of psychoactive substances." Not every legal discussion stops at the mere existence of a positive outcome. What matters is the substance identified, the sample and conditions in which it was found, and the relevance of the result to the person’s ability to drive.
In Decision No. 25/2025, the High Court of Cassation and Justice held that establishing that a person was under the influence of psychoactive substances requires both the presence of the substance in biological samples and its capacity to impair driving ability.
This nuance is important because defenses in a criminal case of this kind are not built generically. They depend on the toxicology report, specialist conclusions, time of sampling, substance involved and other specific circumstances.
Is the rapid traffic test enough?
In many cases, the dossier starts from a rapid traffic test. Such a test may be indicative and may justify further checks, but the legal situation should not be reduced to the initial result.
In establishing the facts, judicial authorities may consider biological samples, the toxicology report, any forensic medical findings, statements given in the case and all other evidence in the file.
It is therefore important that the person under investigation does not treat the hearing as a formality. The statements given in the first stages may influence how the facts and subsequent defence strategy are understood.
What evidence can count in a drug case behind the wheel
In a criminal case relating to drug driving, several categories of evidence may be relevant:
• the report drawn up at the traffic stop;
• the result of the initial testing;
• documents relating to the collection of biological samples;
• the toxicological analysis report;
• medical or toxicological conclusions;
• the time of stopping in traffic and the time of sampling;
• the driver's statements;
• any records, findings or observations of police bodies;
• other relevant documents or medical documents.
Not all evidence is of the same importance in any file. In some cases, the central problem may be the type of substance identified. In others, the time of sampling, preservation of the samples or interpretation of the toxicology result may be important.
A road criminal case should be checked as a whole, not just by reference to a single document.
Difference from refusal to take biological samples
Driving under the influence of psychoactive substances shall not be confused with refusing or evading biological sampling.
Refusing or evading biological sampling is a separate offence provided for in Article 337 Criminal Code. This concerns the situation in which the driver of a vehicle refuses or absconds from the sampling of biological samples necessary for the determination of blood alcohol or the presence of psychoactive substances.
An allegation of driving under the influence is therefore distinct from an allegation of refusing the sampling procedure. The difference is important for legal classification, evidence analysis and defence strategy.
What happens after a criminal case is opened?
After a criminal case is opened, the person concerned may be summoned for questioning and, depending on the stage, acquire the procedural status of suspect or defendant. At this stage, it is important to know the accusation, legal classification and procedural rights.
The Code of Criminal Procedure provides for the right to a defence, legal assistance, adequate time to prepare the defence, and the suspect’s or defendant’s right, explained before questioning, not to make a statement.
These rights are not mere procedural formulas. They have a concrete role: they allow the investigated person to understand the accusation, prepare their position and avoid incomplete, contradictory or unrelated statements with the documents of the file.
What should you do if you've been tested positive
If you tested positive for psychoactive substances and were told that a criminal case would be opened, it is advisable to proceed carefully. In particular, it may be useful to:
• keep all documents received from police bodies;
• note the time and circumstances of stopping in traffic;
• check exactly what you have been told and your procedural status;
• avoid contradictory explanations or statements made under immediate pressure;
• request information about the sampling procedure and test results;
• discuss it with a lawyer before the hearing;
• analyze the relevant medical papers or documents, if any.
In criminal law, the first statements may influence the way in which the situation is shaped. A procedural position shall be constructed after understanding the accusation and the evidence, not only on the basis of the result of a rapid test.
What can a lawyer check in such a file
In a criminal case for drug-related driving, the lawyer may verify, according to existing acts:
• the legality of the acts drawn up in the initial phase;
• how testing and collection of biological samples were performed;
• the content of the toxicological analysis report;
• the relevance of the result to the time of driving;
• the existence of relevant medical documents;
• observance of procedural rights;
• the possibility of making requests, objections or defenses;
• the appropriate strategy for the hearing and subsequent steps.
The lawyer’s role is to examine the case thoroughly, identify legal and evidential issues and build a defence based on the specific facts, rather than promise an outcome.
Frequently asked questions
Driving under the influence of drugs is criminal?
Yes. Article 336 (2) Criminal Code criminalizes the driving of a vehicle by a person under the influence of psychoactive substances.
What punishment does the law provide for?
The law provides for imprisonment for 1 to 5 years and disqualification from exercising certain rights.
Does a positive rapid test automatically mean a conviction?
No. A rapid test may trigger proceedings, but the case must be assessed on all the evidence obtained, including biological samples and toxicology findings.
Is the tox screen important?
Yes. In many dossiers, toxicological analysis plays a central role, especially in relation to the nature of the substance identified and its relevance to driving capacity.
Can I make a statement without a lawyer?
Legally, you can make a statement, but in a criminal case it is advisable to understand the accusation, the legal classification and the risks before formulating a procedural position.
Read also
• Road traffic offences lawyer
• Refusal to provide biological samples
• Leaving the scene of the accident
Conclusion
Driving under the influence of drugs is a serious criminal charge, but each file must be analysed in concrete terms. A general approach is not sufficient and the difference between a positive test, a relevant biological sample and a complete analysis of driving capacity may be important.
If you have been tested positive, you have received a subpoena or are being investigated in a road criminal case, it is useful to request a legal review before the hearing or before formulating such statements.
For legal advice in a dossier on driving under the influence of psychoactive substances, you can contact STAN Alexandru Law Office .
Tel: + 40756590734
Email: avocat.alexandrustan@gmail.com
