If an SFST or PBT is refused, should an 1805 be issued?

Unlock all questions

This demo includes only 20 questions. Upgrade to access hundreds of questions, flashcards, exam simulations, and disable ads.

Full question bankExam simulationsFlashcards
From $24.99Unlock all

Prepare for the National Sounds and Night Skies Division test with our comprehensive flashcards and multiple choice questions, all designed to aid your understanding with hints and explanations. Ace your assessment!

Multiple Choice

If an SFST or PBT is refused, should an 1805 be issued?

Explanation:
The key point is that an 1805 is tied to refusing to submit to a chemical test after a lawful DUI arrest. Roadside tests like the Standardized Field Sobriety Tests or a Preliminary Breath Test are investigative tools, not chemical tests, so refusing them does not trigger the 1805 process. Document the roadside refusal, proceed with the arrest, and only issue the 1805 if the arrestee later refuses to submit to the chemical test after arrest. If they cooperate with the chemical test, no 1805 is issued.

The key point is that an 1805 is tied to refusing to submit to a chemical test after a lawful DUI arrest. Roadside tests like the Standardized Field Sobriety Tests or a Preliminary Breath Test are investigative tools, not chemical tests, so refusing them does not trigger the 1805 process. Document the roadside refusal, proceed with the arrest, and only issue the 1805 if the arrestee later refuses to submit to the chemical test after arrest. If they cooperate with the chemical test, no 1805 is issued.

More Multiple Choice Questions
Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy