Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

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Enhance your knowledge for the Northern Virginia Criminal Justice Academy Test. Use multiple-choice questions with hints and explanations to prepare effectively for your exam!

Practice this question and more.

TRUE OR FALSE: If a PBT is not available, a DUI charge cannot be made.

True
False
Only for first-time offenders
This applies only to certain substances

The correct answer is: False

The statement is false because while a Preliminary Breath Test (PBT) can provide valuable information about a driver’s blood alcohol concentration, its absence does not preclude law enforcement from charging someone with Driving Under the Influence (DUI). Officers can rely on a variety of evidence and observations to establish probable cause for a DUI charge, such as erratic driving behavior, the presence of alcohol containers in the vehicle, field sobriety test results, or any other indicators of impairment. Furthermore, law enforcement has the authority to obtain a blood test or other chemical analysis even if a PBT is unavailable. Thus, the lack of a PBT does not prevent a DUI charge from being filed.