Article 20 Levels of alcohol in blood and exhaled breath

Drivers of motor vehicles or bicycles may not travel on roads covered by traffic, motor vehicle traffic and road safety legislation if they have a blood alcohol level of more than 0.5 grams per litre, or breath alcohol level of more than 0.25 milligrams per litre. Cyclists also have an alcohol limit like other motor...

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Article 21 Breathalyzer analysis – Who has to be tested?

All drivers of motor vehicles or bicycles have to submit to tests established for the detection of possible intoxication by alcohol.  All other road users also have to submit to said tests if they are involved in a traffic incident (article 12.2, first paragraph). Police officers responsible for traffic matters may carry out these tests...

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Article 22 Breathalyzer tests

1. Tests to detect possible alcoholic intoxication will be carried out by the agents in charge of traffic surveillance and will normally consist of the testing of exhaled air by means of officially-authorised ethylometers which will measure the level of alcohol in the drivers' breath. In Spain, there are two different portable models of certified...

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Article 23 Performing the tests

1. If the test result gives a degree of alcoholic intoxication of more than 0.5 grams of alcohol per litre of blood or 0.25 milligrams of alcohol per litre of exhaled air, or that provided for certain drivers in Article 20 or, even if the results are under these limits, if the person examined shows...

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Article 24 Measures to be taken by the traffic officers

If the result of the second test carried out by the traffic officer, or the tests carried out at the request of the interested party, should be positive, or when the driver of a motor vehicle should present obvious symptoms of driving under the influence of alcoholic beverages or who appears to be involved in...

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Article 25 Immobilisation of the vehicle

Both in cases where the driver tests positive in the breathalyzer test, and where the driver refuses to take the test, the vehicle will be immobilised.   This slideshow requires JavaScript. If the vehicle is immobilised and then removed by a tow truck to an impoundment yard, the driver must pay the costs incurred by...

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Article 26 Obligations of health personnel

1. Health personnel will be obliged, in all cases, to obtain samples and send them to the appropriate laboratory, and to present the results of the tests that are carried out to the judicial authority, to the peripheral authorities of the Central Traffic Headquarters autonomous body and, where appropriate, the appropriate municipal authorities. Among the...

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