The suspension and retention of the driving licence following a positive DrugTest result is one of the most common situations encountered in practice. To fully clarify the applicable legal framework, we analyse the current legislation, including the provisions of GEO 84/2024 — a normative act that introduced significant changes, including the possibility of returning the driving licence after 72 hours if the results of the biological samples are not communicated to the police authorities.

1. What happens when the DrugTest device indicates a positive result?

According to GEO No. 195/2002, in cases where there is suspicion that a driver has consumed psychoactive substances:

• the driving licence is immediately retained (art. 111);
• a temporary permit without driving rights is issued;
• the driver is taken to a medical facility for biological sample collection (art. 111 para. 3).

This procedure is mandatory regardless of the driver’s explanations or the possibility of a false positive.

2. What does GEO 84/2024 regulate regarding drug testing?

GEO 84/2024 substantially amended the procedure concerning:

• drug testing,
• the retention and return of driving licences,
• the assessment of biological samples,
• the situations in which the driving licence may be reinstated.

2.1. Suspension of the driving right becomes mandatory until the analyses are completed

If the DrugTest result is positive, the licence remains retained until the biological sample results are received, regardless of how long this takes.

2.2. The temporary permit without driving rights becomes the rule

The act reinforces that, in cases of suspected drug consumption, the driver cannot drive until the toxicological situation is clarified.

2.3. Extension of the right to drive is possible only if the initial permit included driving rights

GEO 84/2024 does not modify art. 111 para. (6) of GEO 195/2002:
“The prosecutor or the court may extend the validity of the temporary permit with driving rights.”

Therefore:

• if the temporary permit is without driving rights, it cannot be extended,
• no legal mechanism exists to convert a non-driving permit into one with driving rights.

3. Can the prosecutor or the court extend the right to drive in drug-related cases?

Answer: No.

The reasons are strictly legal:

1. Art. 111 para. (6) allows the extension only of a permit with driving rights.
2. GEO 84/2024 does not amend this rule.
3. A permit without driving rights does not grant a right that may be extended.
4. A positive DrugTest triggers mandatory suspension until the toxicological results arrive.
5. Neither police, nor prosecutor, nor court can transform a permit without driving rights into one with driving rights.

This remains valid even if:

• the DrugTest result later proves to be false,
• the biological samples are delayed,
• the driver needs the licence for work.

3.1. What legal options does the driver have?

Although the permit cannot be extended, the driver may:

3.1.1. Challenge the DrugTest procedure, when:

• the device was not calibrated properly,
• the chain of custody was broken,
• the sample collection procedure was irregular.

3.1.2. Request expedited resolution of the criminal case

Especially if the biological samples are likely to be negative.

3.1.3 Submit independent toxicology tests

These may accelerate the resolution of the case.

4. The essential novelty of GEO 84/2024: Return of the driving licence after 72 hours

The legal basis for retaining the licence is the offence under:
Art. 336 para. (2) Criminal Code
Driving a vehicle under the influence of psychoactive substances.

GEO 84/2024 introduces, for the first time, a procedural guarantee in favour of the driver: the 72-hour rule.

4.1. The 72-hour rule

If within 72 hours from the biological sample collection, the laboratory:

• does not send the results to the police, or
• does not upload them into the system,

then:
👉 the driving licence must be returned to the driver, even if the temporary permit had no driving rights.
This return is:

• temporary,
• automatic,
• does not require a formal request.

The driver must go to the Road Police office for verification.

4.2. Legal basis

GEO 84/2024 amends art. 111 of GEO 195/2002 by introducing a protective measure against:

• chronic laboratory delays,
• unjustified blockage of the right to drive,
• violations of the principle of proportionality in criminal proceedings.

4.3. What happens after the licence is returned?

The driver may legally drive until the toxicology results arrive.
Subsequently:

• if the result is negative → the case is closed and the licence remains valid;
• if the result is positive → the licence is suspended again, and the driver may be charged under art. 336 para. (2) Criminal Code.

5. What happens if the biological samples confirm the presence of psychoactive substances?

The High Court of Cassation and Justice, through Decision No. 25/2025 (Panel for Preliminary Rulings), ruled that:

• The mere presence of a psychoactive substance in biological samples is not sufficient for the offence.
• A forensic expert report is necessary to determine whether, at the time of driving, the substance impaired the driver’s ability to operate the vehicle.

Consequences:

• If the expert report confirms impairment → the act constitutes an offence (art. 336 para. 2 Criminal Code).
• If the expert report shows the driver was able to drive normally → the act does not constitute an offence and the licence must be returned permanently.

Legal services offered

Our firm provides:

• legal consulting throughout all stages of the criminal proceedings related to drug testing;
• ongoing legal assistance;
• representation before prosecution authorities and courts.

Attorney Pop Vlad-Liviu
Criminal law specialist