The article titled “Driving a Vehicle Under the Influence of Psychoactive Substances. The Effects of Decision 25/2025 of the High Court of Cassation and Justice,” written by Prof. Cristina Rotaru Radu, Ph.D. The article begins with the premise that, regarding the offense of driving a vehicle under the influence of psychoactive substances, the Panel for the Resolution of Legal Issues in Criminal Matters of the High Court of Cassation and Justice issued Decision 25/2025, establishing that, for the offense to exist, it is necessary to establish both the presence of the psychoactive substance in biological samples and its ability to impair the offender’s capacity to drive.

The decision not only fails to offer any prospect of unifying judicial practice—which, incidentally, was not divergent to begin with— but it also introduces significant confusion into the process of interpreting and applying the law, leading to a heterogeneous practice lacking predictability, since in the reasoning, to establish the conditions of typicality, it refers to an objective criterion—exceeding the cut-off limits—a concept to which it does not, however, assign concrete content, while in the operative part it refers to the psychoactive substance’s ability to impair the perpetrator’s capacity to drive, that is, a subjective criterion.

Furthermore, the decision raises issues of unconstitutionality, as well as concerns regarding the courts overstepping their role in the context of the separation of powers.

Keywords: driving under the influence of psychoactive substances, driving under the influence of alcohol, cut-off limits, person under the influence of psychoactive substances.