He refused to control Breathliser, denounced the police and justice was right

Can the driver refuse to control Breathliser? According to the Criminal Code Breathliser or a crime to refuse to do a drug test And does not even prevent grant. In fact, the situation is intensified as the rejection against road safety is considered a crime.
But in the case of this driver, What is the protocol breathalizer control after circulation risk Among one of those affected in the confrontation and the police.
That person refused to be in control, Although the regulations are set to be a serious crime, the crime is also a crime. The event was held on November 2023 in Madrid town, Paraculos Del Zarama.
This has occurred Avenida de Los Hoyos is a motorcycle accident And they sat down the owner of the vehicle, complaining of strong pain in hand. The injured person showed trouble talking and walking and Agents felt that these effects could be due to alcohol and that they were not conflicting.

Agents do Breathliser tests
When they went to make relevant control with ethylometer, It gave the result of 0.47 mg/l alcohol by the inhalation air . He was transferred to Reena Sofia Hospital in San Sebastian de Los Ries (Madrid) for assessment.
The injured man declared before the judge that he could not do a physical disability test as there were six broken ribs and perforated Lung piercings to reflect the hospital tests. L.Justice thought he was forced to control control even though he was not physically well.

Breathlizer control
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Now the Torrezan de Ordoz’s teaching judge has agreed to dismiss the cause of the driver for the offense against the safety of the road. The Magistrate said “The driver has hydronimothorax in the case of polytrama This requires Pleural Drainage, Splenectomy, Seven Rib and Cavicle Cracks, as well as Pulmonary Cantusion at the lower left lobe level “and hence the second test asked by agents.
So the judge failed to commit the crime because the driver was not refusing, but it was His health problems prevented him from testing for a second time.