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BDifficulty 2/5

A motor-vehicle driver refuses legally prescribed alcohol tests after an officer requires them. Can the vehicle be immobilised?

Correct answer

Yes, and they are also committing an offence.

Yes. Refusal is a ground for immobilisation under Traffic Law article 104 and General Traffic Regulation article 25. Refusal of the legal requirement is covered by Criminal Code article 383. Obvious signs of drinking are not an additional requirement for this ground. Immobilisation ends when its cause ceases; replacement by another qualified driver is subject to legal conditions and officers’ assessment. Refusal alone does not prove a particular alcohol level.

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  • Only if they show clear signs of having consumed alcohol.

  • No.

  • Yes, and they are also committing an offence.

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