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BDifficulty 2/5

If the result of a breathalyser test is negative, can traffic officers require the driver to take a second breathalyser test?

Correct answer

Yes, if the driver shows clear signs of being under the influence of alcohol.

Yes. With clear signs of alcohol influence, Article 23 provides for a second breath test even if the first does not reach the limit. You must be informed and at least ten minutes must separate the tests; you may make observations and request confirmation through the prescribed analyses. Signs and results are documented under Article 24 when applicable. Signs must be assessed alongside the results; they do not by themselves establish a positive blood alcohol concentration.

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All options

  • Only if the driver is involved in a road traffic accident.

  • Yes, if the driver shows clear signs of being under the influence of alcohol.

  • No.

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