Today, July 18, the Constitutional Court examined whether the right to privacy is violated or not, when drivers refuse to pass a medical examination to determine the drunkenness level or drug use.
The exception of unconstitutionality of the phrase "or from the collection of biological samples within this medical examination" of the Criminal Code lies at the origin of the case, raised by lawyer Igor Chiriac in a case that targets a driver.
The case of the driver was sent to Court by Balti Prosecutor’s Office because he refused to be medically examined after being tested for alcohol use, on the spot. But, the collection of biological samples is mandatory at a medical examination, and this is what the author of the notification disagrees with. If refusing a medical examination, the Criminal Code imposes a fine of up to 13 thousand lei.
Thus, the members of the Court noted that road traffic safety presents an overriding public interest; therefore ensuring it is a positive obligation of the state. Likewise, the jurisprudence of the European Court established that mandatory testing of the level of alcohol is necessary in order to prevent the crime and protect the rights and freedoms of others.
In conclusion, the members of the Court decided that the medical examination of drivers caught drunk while driving does not violate the right to privacy.
According to the Criminal Code, the refusal, opposition or evasion of the driver of a means of transport from alcohol testing and medical examination to determine the level of the drunkenness and its nature or from the collection of biological samples during this medical examination is punished by a fine of at 550-650 conventional units or by community service for 200 to 240 hours, in both cases with the deprivation of the right to drive vehicles for a period of 3 to 5 years”.