Responsibility for refusal to conduct an examination

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.