Traffic Police Must Accompany Drunk Driver For Blood Test
The Comisión Interinstitucional de Tránsito has ruled that Tránsito (traffic ) officials must, as part of their duties, accompany drivers to a medical centre for a blood test if the offending driver requests one.

The ruling was accepted by the Consejo Superior del Poder Judicial that is included in article 199 of the Ley de Tránsito (traffic laws).

However, MOPT officials are upset because the procedure in the situation is not clear. The MOPT minister, Karla González , said that she has yet to be notified of the ruling.

The minister added that "Costa Rican laws sometimes foresee many things that are impossible to comply with".

"If the blood alcohol detectors are approved, modern and the same in use in many other countries, why must we obligate an official to leave the streets, leave his patrol duties so that a blood test can be performed?", said minister González.

The minister added that "the law should not be complicate the process of taking away the vehicle or the license of a driver who is drunk and is a danger to society".

According to the Ley de Tránsito, the offending driver can present a blood test performed by a medical professional, authorized by the Ministerio de Salud (Health ministry), within 30 minutes of the time shown on the traffick ticket, to disprove the charge.

The Poder Judicial has received complaints from drivers who have had a negative reaction by the health centres when it came to being tested.

The MOPT minister is quite concerned on the requirement that would be almost impossible during a night spot check, for example, to pull an official from his or her duties to accompany drivers to get a blood test, and opening a loophole for irresponsible drivers who will take advantage of the situation.

For his part, Germán Marín, director of the Policía de Tránsito, said that rarely drivers ask to have a blood test to disprove their intoxication, adding that if the current decision is upheld it will become complicated as the driver cannot be taken in the patrol cars, for the security of the official, and we will not allow the driver to continue to drive drunk.

Marín said that now it is the responsibility of the offending driver to find a way to get to a medical centre for a blood test, which has to be done within 30 minutes or will not be valid.