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Question 6095

Is a pedestrian required to take a breathalyzer test?

  1. No, under no circumstances.
  2. Yes, when they are directly involved as a possible party responsible for an accident.
  3. Yes, when they may be suspected of being under the influence of alcoholic beverages.
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Correct answer: Yes, when they are directly involved as a possible party responsible for an accident.

Yes. A pedestrian must take the test if they’re involved in an accident, for example as someone who may be responsible, or if they commit a traffic violation. In the image, the officer is testing a pedestrian next to a fallen scooter, whose rider is waiting seated on the sidewalk. Appearing to have been drinking isn’t enough, because symptoms alone only make testing mandatory for someone who is driving.

Ley sobre Tráfico, Circulación de Vehículos a Motor y Seguridad Vial, Real Decreto Legislativo 6/2015 · Reglamento General de Circulación, Real Decreto 1428/2003