Refusal of a PBT or other tests is considered what type of offense?

Refusal of a PBT or other tests is considered what type of offense?

• A. Class V Misdemeanor
• B. Class I Misdemeanor
• C. Class III Misdemeanor
• D. Felony

Answer: (A)

Refusal to submit to a PBT or other tests falls under implied consent laws as a separate enforcement violation. It is handled as a misdemeanor at the lowest level—Class V—because the conduct is an attempt to evade testing rather than a violent or highly dangerous crime. This classification signals that the act is punishable but less serious than DUI itself or any felony. The penalties are generally limited to fines and administrative consequences like license suspension, rather than the harsher penalties associated with higher misdemeanors or felonies.

Refusal to submit to a PBT or other tests falls under implied consent laws as a separate enforcement violation. It is handled as a misdemeanor at the lowest level—Class V—because the conduct is an attempt to evade testing rather than a violent or highly dangerous crime. This classification signals that the act is punishable but less serious than DUI itself or any felony. The penalties are generally limited to fines and administrative consequences like license suspension, rather than the harsher penalties associated with higher misdemeanors or felonies.