Refusing the second breath test

Supreme Court · Second Chamber (Penal) · 2017

What the Supreme Court considered and decided

The plenary court held that refusing a second breath measurement after a positive first test and a police request constituted an offence. Both measurements were treated as stages of one mandatory test.

What this helps explain

The resolution had particular opinions: it is appropriate to read the majority criterion together with the discrepancies and circumstances of the request.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.