MCOLES State Licensing Practice Exam

If you smell marijuana coming from a vehicle after stopping a weaving driver, what is the next appropriate action?

1. Caution the driver

2. Search the vehicle

3. Arrest for OWI

4. Issue a citation for reckless driving

The correct answer is: Arrest for OWI

The correct action in this scenario is to consider an arrest for Operating While Intoxicated (OWI). When a weaving driver is stopped and there is an odor of marijuana detected coming from the vehicle, it suggests that the driver may be under the influence of a controlled substance. Law enforcement officers are trained to respond to signs of impaired driving, and the smell of marijuana can serve as evidence that the driver may not be in a fit state to operate a vehicle safely. Arresting the driver for OWI is appropriate because it allows for further investigation into the driver’s impairment, including potentially administering sobriety tests or obtaining a blood sample for chemical testing. This action prioritizes road safety and aligns with statutes addressing driving under the influence. While other options may seem viable, they do not adequately address the situation of potential impairment. Cautioning the driver or issuing a citation for reckless driving may overlook the significant factor of impaired driving suggested by the smell of marijuana. Additionally, searching the vehicle without probable cause or further evidence of illegal activity may not be justified immediately, depending on the circumstances of the stop.