Romanian Supreme Court: Scientific proof needed to link psychoactive substances to impaired driving

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High Court Rules That Expert Evaluations Are Necessary to Determine If Psychoactive Substances Affect Driving Ability

The Panel for Clarification of Legal Matters in Criminal Cases of the High Court of Cassation and Justice (Romania’s Supreme Court) ruled on Monday that expert evaluations are required to determine whether psychoactive substances found in a driver’s body impair their ability to drive. The panel’s decisions cannot be appealed.

“In cases of driving under the influence of psychoactive substances, as defined in Article 336, paragraph (2) of the Romanian Criminal Code, to establish the essential condition attached to the material element of the objective side—namely, that the defendant was under the influence of psychoactive substances—it is necessary to determine both the presence of the substance in biological samples and its ability to impair the individual’s driving capacity,” the Supreme Court ruled.

This decision becomes mandatory upon its publication in the Official Gazette of Romania, Part I.

The Supreme Court was petitioned by the Brașov Court of Appeal and the Cluj Court of Appeal, which requested clarification regarding offenses related to driving under the influence of psychoactive substances.

Supreme Court Decision

The High Court admitted the petitions filed by:

• Brașov Court of Appeal – Criminal Section (case no. 2769/338/2022)
• Cluj Court of Appeal – Criminal and Juvenile Section (case no. 2889/219/2022)

These petitions sought a preliminary ruling on the following legal questions:

1. In cases of driving under the influence of psychoactive substances (Article 336, paragraph 2 of the Criminal Code), is it sufficient to establish the mere presence of the substance in biological samples, regardless of concentration, with the presumption of impairment being absolute? Or is this presumption relative, meaning it can be rebutted through scientific evidence proving that, despite the presence of minimal concentrations, the individual was not under the influence to a degree that impaired driving?
2. Does the phrase „under the influence of psychoactive substances” in Article 336, paragraph (2) of the Criminal Code refer to:
   • Any person who has consumed psychoactive substances?
   • Or only a person whose ability to drive a vehicle (for which a driving license is legally required) has been altered as a result of psychoactive substance consumption?

The High Court ruled that:

In cases of driving under the influence of psychoactive substances, as per Article 336, paragraph (2) of the Criminal Code, it is necessary to establish both the presence of the psychoactive substance in biological samples and its ability to impair the driver’s capacity to operate a vehicle.

This ruling becomes mandatory upon publication in the Official Gazette of Romania, Part I, in accordance with Article 477, paragraph (3) of the Criminal Procedure Code.

The ruling was issued in a public hearing on January 27, 2025.

This is a developing story.