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BDifficulty 2/5

If a first test does not exceed the applicable alcohol limit but the driver shows evident signs of being under its influence, what will officers do to confirm the result?

Correct answer

Conduct a second alcohol test.

They will conduct a second test under Article 23, including when the maximum is not reached but evident signs of impairment are present. At least ten minutes must elapse between tests. A result below the limit does not by itself establish that it is safe to continue driving. This question concerns confirmation by testing, rather than automatically determining a penalty.

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  • Conduct a second alcohol test.

  • Always allow the driver to continue, without assessing the symptoms.

  • Omit any confirmatory test because the first result is below the limit.

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