The Offense stipulated by Article 336 Paragraph 1 from the Romanian Criminal Code. Uneven judicial practice

Abstract

The article examines the uneven judicial practice concerning the legal classification of an individual's actions that, when detected in road traffic, has agreed to provide a first blood sample, but refused the second one, thus making it impossible to retroactively determine the blood-alcohol concentration at the time of driving on public roads. One conclusion shall be drawn that the offense at issue represents the offense of driving under the influence of alcohol or other similar substances.