Responsibility for refusal to conduct an examination

25.08.2025 13:30 • Question

If a police officer stopped a car and suspected the driver of driving under the influence, but the driver refused to take the appropriate test, will the driver be considered to have violated traffic rules?

1 Answers

Lorina Fedan

Answer provided 26.08.2025 11:06

If a driver refuses to take a breathalyzer test, the police must offer to have him or her examined at a medical facility.

To do this, the police officer must issue the driver a written referral that allows them to undergo a medical examination at a medical facility, where doctors can take samples for analysis. Only after the driver receives a referral for a medical examination and still refuses to undergo it, the police have the right to draw up a report and impose a fine for refusal.

Refusal to take a breathalyzer test is not in itself grounds for a fine or disqualification. A driver may refuse to take the test, but this does not exempt him from liability - he must undergo a medical examination if the police suggest it.

The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.