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BDifficulty 2/5

A driver shows clear signs of being under alcohol’s influence, but the first breath test is negative. Which test will officers perform for greater assurance?

Correct answer

A second breath alcohol test.

A second breath test under article 23.1 of the General Traffic Regulations, after informing the driver. At least 10 minutes must pass between tests, and observations may be submitted. A confirmatory test requested by the person is preferably a blood analysis, except for justified exceptional circumstances, under article 14.5 of the Traffic Act. A first negative result does not require officers to allow continued driving when symptoms persist or automatically impose a penalty; later measures depend on facts and evidence.

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All options

  • None; they must let the driver continue even if symptoms persist.

  • None; that negative result itself automatically imposes a penalty.

  • A second breath alcohol test.

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