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Can the driver refuse to take the alcohol test?
Refusal to submit to the established tests for detecting the state of being under the influence of alcohol constitutes the crime of disobedience. Although the driver cannot be physically coerced into taking the test, their deliberate refusal is not merely an administrative infraction, but rather an act classified as a crime in Portuguese road and criminal legislation. The option stating that the driver can never refuse is incorrect, as there is a physical possibility of refusal, even if it has serious criminal consequences. The option stating that refusal constitutes only a very serious infraction is also incorrect, as the law elevates the seriousness of this act to the level of a crime, exceeding the scope of mere road contraventions.