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.

 

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If the vehicle is immobilised and then removed by a tow truck to an impoundment yard, the driver must pay the costs incurred by the transfer, deposit, and custody of the vehicle. A person with a driving licence, having a negative test result, will be able to take charge of the vehicle and remove it from impoundment.

1. In the event that the result of any tests and analyses prove to be positive, the officer may proceed with the immediate immobilisation of the vehicle, by means of a seal or other procedure that prevents it from being moved, unless another licenced person is able to take charge of the vehicle, and the agent will make sure that the persons being transported, especially if children, elderly people, sick or invalid people are involved, and the safety of the vehicle and its cargo, are ensured.

2. The vehicle may also be immobilised in the case of breathalyzer tests being refused (article 70 of the articulated text).

3. Except in cases in which the judicial authority has authorised a deposit or intervention, which cases would come under said judicial authority, the immobilisation of the vehicle will be without effect as soon as the reason for the immobilisation disappears, or a substitute licenced driver can offer sufficient guarantee to the traffic officers who immobilised the driver’s vehicle.

4. The costs involved in the immobilisation, transfer and impounding of the vehicle will be payable by the driver or the person legally responsible for the vehicle.