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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 obvious symptoms of being under the influence of alcoholic beverages, the agent will subject the interested party, for confirmation, to a second breathalyzer test in the same way the first test was carried out, of which he/she will be notified prior to redoing the test.

2. The person under review will be warned that they have the right to ensure, either themselves or any of his/her companions or witnesses present, that between the first and the second tests there has been a time lapse of at least ten minutes.

3. Likewise the driver or companions, if there are any, will be informed that they may make any observations they deem appropriate, which will be noted, and the results of the tests will be compared to blood, urine or other tests deemed appropriate by the medical staff of the medical centre to which they are taken.

4. In the event that the interested party wants further tests, the traffic officer will adopt the most appropriate measures for their transfer to the nearest health centre. If the medical centre staff think that the tests requested by the interested party are appropriate, they will adopt the measures laid out in article 26.

The cost of such tests must be deposited in advance by the interested party and if the result of the test is positive then payment will be made; in the case of the result of the test being negative, agents from the Jefatura Central de Tráfico (Central Traffic Headquarters) or the competent municipal or regional authorities will return the deposit.





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