22a - Police Testing of Impairment

The police may perform an alcohol test (preliminary breath test) and a preliminary test to determine if a motor vehicle operator is under the influence of other intoxicating or sedative substances when:

1. there is reason to believe that the person has violated the provisions of § 22 or § 22 b,

2. there is reason to believe that the person has violated other provisions given in or under this law, and the Ministry has decided that the violation may have such an effect,

3. the person, with or without fault, is involved in a traffic accident, or

4. the person is stopped during a traffic control.

If the test result or other circumstances give reason to believe that the operator of a motor vehicle has violated the provisions of § 22 or § 22 b, the police may conduct a special examination for signs and symptoms of intoxication and present the person for a breath test, blood test, saliva test, and clinical medical examination to determine the influence. Such a presentation shall generally take place when the driver refuses to cooperate with the alcohol test or the preliminary test to determine if the driver is under the influence of other intoxicating or sedative substances.

The breath test is conducted by the police. The blood test and saliva test may be taken by a doctor, nurse, medical secretary, or biomedical laboratory scientist. A clinical medical examination is conducted when there is suspicion of influence from substances other than alcohol or when other specific reasons warrant it.

The Ministry provides more detailed regulations regarding the examinations mentioned in the previous paragraphs.