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When can a person be arrested for OWI on private property?

  1. Only with a warrant

  2. If probable cause exists

  3. When the driver admits to drinking

  4. Only after a breath test

The correct answer is: If probable cause exists

A person can be arrested for Operating While Intoxicated (OWI) on private property if probable cause exists. This means that law enforcement officers must have sufficient evidence to believe that a person is operating a vehicle under the influence of alcohol or drugs, regardless of whether the location is public or private. Probable cause can be established through various observations, such as the manner of driving, physical signs of intoxication, or other circumstantial evidence. The requirement of probable cause is crucial because it ensures that arrests are based on facts and reasonable situations, rather than assumptions or arbitrary decisions. In the context of OWI, officers can act on information that supports their belief that the person is a danger to themselves or others because of impaired driving, even if the incident takes place on private property. The idea that a warrant is necessary for an arrest (as suggested in one of the options) is not applicable in this scenario. Police can make an arrest if they have probable cause without needing to obtain a warrant first. Similarly, an admission of drinking or the results of a breath test, while they can support the case for OWI, are not prerequisites for making an arrest if probable cause is already established.