Can a driver refuse to undergo a Breathalyzer test after being requested to do so by a policeman?
- Yes, he is allowed to refuse, because the policeman represents the health care system and not the law.
- 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.
- Yes, he is allowed to refuse, because the test contradicts the Basic Law: Human Dignity and Liberty.
- 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.