Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

What consequence does a commercial vehicle driver face if they refuse both the PBT and the evidentiary test?

1. They are ticketed for reckless driving

2. They can be charged with unreasonable refusal

3. They can continue driving after 12 hours

4. They are placed on probation for a year

The correct answer is: They can be charged with unreasonable refusal

A commercial vehicle driver who refuses both the preliminary breath test (PBT) and the evidentiary test faces the consequence of being charged with unreasonable refusal. This charge is a significant penalty that reflects the serious nature of operating a commercial vehicle while under the influence of drugs or alcohol. Implied consent laws dictate that by driving a commercial vehicle, the driver agrees to submit to testing when suspected of impaired driving. Refusal to comply with these tests leads to legal ramifications beyond standard traffic violations. Therefore, the charge of unreasonable refusal serves to uphold the safety regulations that govern commercial driving and discourages impaired operation. This charge can result in fines, potential suspension of driving privileges, and could impact the driver's employment, particularly in roles requiring a commercial driver's license. The other options do not accurately reflect the legal consequences specifically tied to the refusal of these tests for a commercial vehicle driver.