MCOLES State Licensing Practice Exam

Disable ads (and more) with a membership for a one time $2.99 payment

Prepare for the MCOLES State Licensing Exam with comprehensive flashcards and practice questions that include helpful hints and detailed explanations to ensure your readiness for exam day!

Each practice test/flash card set has 50 randomly selected questions from a bank of over 500. You'll get a new set of questions each time!

Practice this question and more.

If a driver refuses a PBT after being stopped for suspected OWI, what is the offense classified as?

Civil Infraction
90 day Misdemeanor
1 year Misdemeanor
No charge can be made

The correct answer is: Civil Infraction

When a driver refuses a Preliminary Breath Test (PBT) after being stopped for suspected Operating While Intoxicated (OWI), this act is classified as a civil infraction. This classification means that while the refusal is still a violation of regulations concerning DUI testing, it does not rise to the level of a misdemeanor. Instead, it results in administrative penalties, such as the possibility of driver's license sanctions or points on the driving record, rather than criminal charges. In contrast, higher classifications such as misdemeanors would involve criminal penalties and could lead to more severe consequences if found guilty. The administrative nature of a civil infraction focuses on regulatory compliance rather than criminal intent or harm. Therefore, the classification of refusing a PBT as a civil infraction emphasizes regulatory oversight in the context of driving while impaired.