MCOLES State Licensing Practice Exam

If a driver refuses to perform field sobriety tests after exhibiting signs of intoxication, what should you do?

1. Force the driver to comply

2. Arrest based on probable cause

3. Issue a warning and let them go

4. Consult with a legal advisor

The correct answer is: Arrest based on probable cause

When a driver shows signs of intoxication but refuses to perform field sobriety tests, the appropriate course of action is to arrest the driver based on probable cause. Probable cause is determined by the officer's observations and evidence gathered, which may include the driver’s behavior, the smell of alcohol, or other indications of impaired driving. The refusal to participate in tests does not negate the officer's observations that support the belief that the driver is impaired. Arresting the driver allows for further investigation, which may include breath or blood tests to determine blood alcohol content. This action not only ensures the safety of the roadways by removing an potentially impaired driver but also adheres to the law enforcement protocols regarding driving under the influence. Choosing to force compliance is not advisable, as it could violate the driver's rights and lead to legal challenges. Issuing a warning without taking further action does not address the risk posed by an intoxicated driver and could result in potential harm to others. Consulting a legal advisor may provide guidance, but immediate action based on the evidence at hand is typically necessary to uphold public safety.