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BDifficulty 2/5

A passenger-car driver is lawfully required by a traffic officer to take an alcohol test. Must the driver comply?

Correct answer

Yes; refusal under the statutory conditions is a criminal offence.

Yes. A required driver must submit to the legally established tests. They are not limited to crashes: preventive checks and other article 21 cases also apply. Driver refusal within Criminal Code article 383’s conditions carries six months to one year in prison and disqualification from driving for more than one and up to four years. That article does not provide a fine as an alternative penalty. The test’s legal rights and procedures must also be respected.

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All options

  • No, the driver may refuse and keep driving without consequences.

  • Yes; refusal under the statutory conditions is a criminal offence.

  • The driver must comply only after a crash.

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