What happens if you get caught behind the wheel after an alcohol conviction


Cancellation of the driving license following a final conviction may be delayed longer after the sentence has been handed down. However, the ruling has immediate effect. Here’s what happens if you’re caught behind the wheel after an alcohol conviction, even if you’re still in possession of a driver’s license.

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According to a decisions of the High Court of Cassation and Justice, drivers who have been convicted of driving with an alcohol content of more than 0.80 g / l pure blood alcohol will be able to receive another sentence of imprisonment, from 6 months to 3 years, or a criminal fine, if they are caught again driving on public roads, after the final conviction was handed down for committing the first crime and until the driving license was annulled.

The decision follows a notification formulated by the Cluj Court of Appeal regarding the pronouncement of a preliminary decision for resolving legal issues.

Alcohol conviction: What happens if you get caught behind the wheel

The Cluj Court of Appeal asked the ICCJ to rule on whether a person who was convicted of driving on public roads under the influence of alcohol, having an alcohol imbibition of more than 0.80 g / l pure blood alcohol, a vehicle for which needing a permit can be convicted again if caught in one of the following situations:

  • if he drives a vehicle on public roads for which he needs a license, but it has been withdrawn or revoked;
  • if he drives a vehicle on public roads for which he needs a license, but his right to drive has been suspended;
  • if he drives, on public roads, a vehicle for which he needs a license but has a driving license which does not belong to the category or subcategory to which the vehicle belongs; or
  • if he drives, on public roads, a vehicle for which he needs a license, but does not have the right to drive in Romania.

The HCCJ decision thus clarifies this situation: drivers can be convicted again if they are caught in one of the situations mentioned after the final conviction has been handed down and until the driving license ordered by the chief of police has been annulled.

source: Avocatnet.ro


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