MCOLES State Licensing Practice Exam

What determines the next course of action if a driver displays signs of impairment but refuses sobriety tests?

1. Behavioral assessment by a supervisor

2. Probable cause observed by the officer

3. Legal advice from department counsel

4. Presence of witnesses supporting impairment

The correct answer is: Probable cause observed by the officer

The correct choice is based on the principle of probable cause, which is a key legal standard in law enforcement. When a driver shows signs of impairment, law enforcement officers are required to assess the situation to determine if there is sufficient evidence to take further action, regardless of whether the driver agrees to undergo sobriety tests. Probable cause is established through the officer's observations, which may include the driver’s behavior, physical appearance, performance on field sobriety tests (if attempted), and any other relevant factors that indicate impairment. In this scenario, even if the suspect refuses to take tests, an officer can still make a judgment based on what they have witnessed. For instance, if the driver exhibits erratic behavior, an odor of alcohol, or slurred speech, these observations may collectively lead to a determination of probable cause for an arrest on suspicion of driving under the influence. In contrast, assessments made by a supervisor or legal advice from department counsel may provide guidance or insight, but they do not directly influence the immediate decision-making process required by the officer on the scene. Witnesses can support claims of impairment, but their presence is not necessary to establish probable cause, which can be determined solely by the officer’s direct observations and knowledge of the situation.