MCOLES State Licensing Practice Exam

What is the classification of refusing a datamaster breath test?

1. Civil Infraction

2. 90 Day Misdemeanor

3. No charge can be made

4. Infraction

The correct answer is: 90 Day Misdemeanor

Refusing a datamaster breath test is classified as a 90-day misdemeanor. This classification reflects the seriousness of the refusal in relation to driving under the influence (DUI) laws. When an individual operating a motor vehicle is stopped by law enforcement and requested to provide a breath sample, compliance is not only expected but is mandated under implied consent laws in many jurisdictions. If an individual refuses to take the breath test, the legal repercussions can lead to criminal charges, including the designation of a misdemeanor. In many areas, this results in a potential penalty that may include jail time, fines, or both, typically around 90 days, which aligns with the misdemeanor classification. This consequence serves as a significant deterrent against refusal, emphasizing the legal obligation to cooperate with tests designed to ascertain blood alcohol content (BAC). Other classifications, like civil infractions or mere infractions, would not convey the same level of legal accountability as a misdemeanor. A civil infraction is generally less serious and does not carry the possibility of jail time, while a no-charge scenario would imply that refusal does not result in any legal consequences, which is not the case in this context. Thus, a 90-day misdemeanor accurately captures the nature of the offense.