Question 307 in the bank

Can a driver refuse to undergo a Breathalyzer test after being requested to do so by a policeman?

  1. Yes, he is allowed to refuse, because the policeman represents the health care system and not the law.
  2. Correct answer: A driver is forbidden to refuse a policeman’s request to undergo a “breath test” or to give a blood/urine/saliva sample for testing.
  3. Yes, he is allowed to refuse, because the test contradicts the Basic Law: Human Dignity and Liberty.
  4. Yes, he is allowed to refuse, because of the Protection of Privacy Law.

Why this is the answer

The correct answer in the official bank: A driver is forbidden to refuse a policeman’s request to undergo a “breath test” or to give a blood/urine/saliva sample for testing.

The law requires a driver to cooperate when a police officer asks for a breath test or a blood, urine or saliva sample. The test protects the safety of everyone on the road, so privacy law and the Basic Law on human dignity and liberty do not give a right to refuse. The officer acts under the law, not for the health system. Refusing is a serious offence.

Topic: Rules and regulations. The bank marks it for these classes: Light truck (C1), Heavy truck (C), Bus (D), Motorcycle (A), Tractor (1), Private car (B).