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DDifficulty 3/5

The first breath-alcohol test exceeds the driver’s applicable limit. Must the officer perform a second breath test to check the result?

Correct answer

Yes, with at least 10 minutes between tests, even without visible symptoms.

Yes. The officer must inform the driver and perform a second test using a similar procedure, at least 10 minutes after the first. Exceeding the limit is sufficient; visible symptoms are not additionally required. A second test also applies below the limit when there are clear signs of alcohol influence. Medical analysis is an additional right, not a condition for this second breath test.

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All options

  • Only if there are also clear symptoms.

  • No, it can only be repeated at a medical centre.

  • Yes, with at least 10 minutes between tests, even without visible symptoms.

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