The refusal to undergo an alcohol test, at the request of the police, is comparable to the crime of driving while intoxicated in its most serious connotation
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alessiomacaluso
– Milan
Refusing to take an alcohol test after a road accident is a crime. This is established by the Traffic Laws within Title V, the part that regulates the so-called “rules of conduct” of road users. The topic is extensively covered in detail from article 186 of the CDS.
IN CASE OF AN ACCIDENT
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The invitation to get tested for ascertain the state of intoxication or not, following a road accident, is mandatory when requested by the police. We speak of “request” because the responsibility for carrying out the test passes from the police to the health facility that is arranging the tests. medical care to the person involved in the accident. The structure itself will then provide the police or carabinieri with the final outcome of the analyzes carried out.
refusal as a state of intoxication
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Failure to comply with the request for breathalyzer testing constitutes a crime like the driving while intoxicated. In this case, the most severe sanction among those provided for by article 186 of the Highway Code will be applied. In extreme summary, it must be said that the law punishes with measures of increasing severity and proportional to the severity amount of alcohol detected during the breathalyzer test. We start with an administrative sanction, in the event that a presence is recognised between 0.5 and 0.8 grams of alcohol per liter of blood. To move to a higher fine, plus additional sanctions, in the event of a rate detected between 0.8 and 1.5 grams. Up to the most serious outcomes if a result emerges greater than 1.5 grams of alcohol per liter of blood. And it is the latter case that applies in case of refusal of the alcohol test.
the consequences
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In detail, opposition to taking breathalyzer tests carries a fine of 1,500 to 6,000 euros. Added to this are additional sanctions such as the suspension of the driving licence 1 to 2 years. Furthermore, if the vehicle is not owned by the sanctioned person, the license suspension doubles. There is also the confiscation of the car with which the crime was committed, except in cases where the vehicle is registered to a person unrelated to the incident.
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