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BDifficulty 3/5

After a positive alcohol test, may officers immobilise the vehicle if no properly licensed person fit to drive safely can take over?

Correct answer

Yes, they may immobilise it in that situation.

Yes. Article 25 permits immobilisation unless another properly licensed person can take over with sufficient guarantees. A passenger volunteering or merely appearing sober is insufficient: the person must hold the required authorisation and be fit to drive. The replacement need not already have been travelling in the vehicle. A judicial impoundment order and other immobilisation grounds have their own rules.

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All options

  • No, a positive result never permits immobilisation.

  • Yes, they may immobilise it in that situation.

  • No, any passenger volunteering is enough, even without a licence.

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