Currently, there is no legal document regulating the right of citizens to request traffic police to replace the breathalyzer when measuring alcohol concentration.
However, to ensure health and medical safety measures, traffic police will replace the mouthpiece with a new one after each use and collect and dispose of used mouthpieces according to regulations.
Accordingly, to ensure health and medical safety and prevent the spread of respiratory diseases, people have the right to request traffic police to replace the breathalyzer when measuring alcohol concentration.
In the event that the driver requests a change of breathalyzer before the test and is refused, the driver has every right to appeal the traffic police's decision.
However, it is important that drivers do not refuse a breathalyzer test, as this is an important step in ensuring road safety and preventing the risks associated with driving under the influence of alcoholic beverages.
According to the provisions of Article 10 of Circular 67/2019/TT-BCA and Article 11 of Circular 67/2019/TT-BCA, people have the right to supervise the enforcement of the law by the traffic police force through means such as direct contact, handling work directly or using recording and video recording devices.
However, the monitoring process must be carried out objectively, honestly, and in accordance with the law. This must not create obstacles or affect the ability of the traffic police to perform their duties, in order to ensure transparency and fairness in the handling of violations. More importantly, keeping the alcohol concentration testing process carried out fairly and responsibly is the key to ensuring traffic safety.
Therefore, measures such as replacing the breathalyzer before testing can help improve the quality of testing, thereby increasing the efficiency in detecting and handling violations related to driving under the influence of alcohol.
In case of detecting abnormalities from the alcohol concentration meter, comparing with legal regulations, there are no regulations on checking the origin of this device. The inspection belongs to the scope and function of the competent authority.
When people have unclear issues about the alcohol concentration meter, officers and soldiers will explain immediately at the time of handling the violation, allowing the violator to directly see the inspection stamp on the machine, the serial number, and whether the inspection certificate is still valid or not.
At the same time, after each alcohol test, people can view information on the machine to know whether they have violated or not. If violators have questions or complaints, they can send them to the heads of units at the district, town, or city level or the Traffic Police Department and there will be a reception department to resolve them.
Minh Hoa (t/h)
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