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 criminal conduct, the agent in question, in addition to applying the provisions of the Ley de Enjuiciamiento Criminal (Law of Criminal Procedure), must:
A) Precisely describe in the report bulletin or in the report of the proceedings the procedure followed when performing the breathalyzer test or tests, stating the necessary information for identification of the instrument or instruments of detection used, describing also its/their general characteristics.
B) Record the warnings given to the interested party, especially the right to have the breathalyzer test results contrasted using a proper analysis, and to record the tests or analyses performed in the health centre to which the person was transferred.
In the case of a positive result, if it is an administrative infraction, you will be given a copy of the police report showing the breathalyzer results, and the instrument’s verification date (all are checked annually for calibration) will be shown, as well as the offer made by the police officer to compare the results with a blood test at a health centre.
The transfer to a health centre is usually requested by people who are taking some type of medication that, when mixed with a small amount of alcohol, have altered the result of the blood alcohol test to positive, or those persons who have not used drugs but whose tests have given what is called a “false positive” because they are taking some type of medication or the combination of several that has affected the result. If this is not the case, the tests performed at the health centre will only confirm the results of the alcohol or drug test.
Remember that it is a right that you have, which you can use when you believe that the result is unfair for some reason, but remember that you may be required to pay for the cost of contrast tests at the health centre.
C) Drive the person tested for alcohol, or who has refused to be tested, in the event that the circumstances appear to be of a criminal nature, in accordance with the Ley de Enjuiciamiento Criminal (Law of Criminal Procedure) to the appropriate law court.
Your refusal to submit to an alcohol test is classified as an offence under the law, so the driver who refuses to submit to it will be arrested and brought to justice.