When is a vehicle considered 'out-of-service' due to alcohol detection?

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A vehicle is considered 'out-of-service' due to alcohol detection primarily at the discretion of a peace officer. This is because law enforcement officers are trained to assess the condition of drivers and the context of the situation. If an officer determines that a driver is impaired by alcohol, they have the authority to declare the vehicle 'out-of-service' to ensure public safety. This decision is based on observable evidence such as behavior, physical signs of intoxication, and any illegal blood alcohol concentration levels.

The other situations mentioned—during an accident, only during traffic stops, or when a person is under 21—are not the sole criteria for declaring a vehicle out of service. While being under the legal drinking age can lead to additional legal consequences, the overarching authority lies with the peace officer's assessment of impairment regardless of the circumstances specified in those alternatives.

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