Home SECTION I GENERAL RULES OF DRIVING BEHAVIOUR CHAPTER IV RULES GOVERNING ALCOHOLIC BEVERAGES Article 21 Breathalyzer analysis – Who has to be tested?

Article 21 Breathalyzer analysis – Who has to be tested?

by Mark Nolan

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 on:

A) Any user of the road or any driver directly involved in a traffic incident who could be the person responsible for said traffic incident.

Pedestrians, even if they do not have an established level, may be subjected to the breathalyzer test in the event that they are involved in an incident. Although they cannot be sanctioned, the applicable fine will be attached to the police report for a judge to determine if there is criminal liability.

B) Persons driving any vehicle showing obvious signs, or facts that reasonably allow to presume, that they do so under the influence of alcoholic beverages.

C) Drivers who have been cited for any infractions of the rules contained in this regulation.

D) Those who, while driving a vehicle, are required by authority figures or traffic officers to submit to these tests within the preventive blood alcohol control programs ordered by said authority.

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