Dr. Maserati said:No he couldn't - he waived any right when he refused the offer to go to the hotel.
It was Pereiro's choice.
Just to clarify - the rights part I now assume is your position, not his.
OK, so what happens in the event that, say, the restaurant Pereiro was in was 300km away? He could easily be planning on a four hour drive afterward, having been in his house at the allotted time, visiting people. As it was, he was well within range for them to offer up an alternative location so the point is moot. But when they turn up to test him, he knows they're coming because they had to have discovered he was not at home and hence contacted him to propose the alternative location. In our hypothetical situation, Pereiro is about four hours' drive away from the testers (dependent on roads of course) and they've come to his house from 7 to 8pm.
Do the testers then have to accept defeat if Pereiro (just continuing to use his name, there is no longer any connection to the real Óscar Pereiro) is unwilling to accept an alternative location, since they won't be able to test him before 11pm, because either they must spend four hours driving to him or he must spend four hours driving to them? Or is Pereiro's hand then forced since if he doesn't find a way to have them test him before 11pm it goes down as a strike against his name?