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BDifficulty 2/5

May officers immobilise a vehicle when a driver required to take an alcohol test refuses after a valid request?

Correct answer

Yes, refusal is grounds for immobilisation.

Yes. Refusing required tests is grounds for immobilisation under Article 104 without first obtaining a positive result. The measure is not indefinite; it is lifted when its cause ends. Article 25 allows replacement by another appropriately licensed driver with sufficient assurances to officers, except where a court has ordered custody or seizure.

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All options

  • Yes, refusal is grounds for immobilisation.

  • No, refusal can never justify immobilisation.

  • Yes, but only after a positive result is obtained.

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