The draft act amending the Act – Penal Code and some other acts of September 16, 2021 provides for numerous changes aimed at tightening criminal liability. This also applies to crimes against safety in traffic. The circumstance on which, to a large extent, the planned tightening of criminal liability for such offenses is based, is the behavior of the perpetrator consisting in consuming alcohol or taking a narcotic drug after a criminal incident, and before the perpetrator is subjected to an examination by an authorized body in order to determine the alcohol content or the presence of a narcotic drug in the body. This article analyses this circumstance.