Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

TRUE OR FALSE: A commercial vehicle driver can be arrested if the breath sample shows alcohol or if they refuse the PBT.

1. True

2. False

3. Only if they are involved in an accident

4. Only if the officer deems it necessary

The correct answer is: True

A commercial vehicle driver can indeed be arrested if their breath sample shows alcohol or if they refuse to take a preliminary breath test (PBT). This is due to specifically stringent regulations governing commercial drivers, which are designed to uphold public safety given that these individuals operate larger vehicles that can pose greater risks on the road. The law recognizes that commercial drivers are held to higher standards compared to non-commercial drivers. When a breath sample indicates alcohol presence, it directly violates the legal limits set for commercial vehicle operation, and law enforcement has the authority to arrest the driver to enforce these standards. Additionally, refusing to take a PBT can also lead to legal consequences, including arrest, as it indicates a potential violation of alcohol-related regulations. These measures are set in place to ensure the safety of all road users and to discourage impaired driving within commercial operations. The focus on safety is critical, capturing a proactive approach to managing and mitigating risks associated with commercial vehicles on the road. In contrast, the other choices, while touching on aspects of the arrest scenario, do not encompass the absolute authority officers have when dealing with violations related to commercial driving and alcohol.