Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

Under what conditions is a DUI arrest based on physical control justified?

1. If the officer has probable cause

2. Based on a witness statement

3. After administering a field sobriety test

4. Only on public property

The correct answer is: If the officer has probable cause

A DUI arrest based on physical control is justified when the officer has probable cause. Probable cause is a legal standard that allows law enforcement officers to make an arrest, conduct a search, or seize property. When it comes to DUI offenses, an officer must observe certain behaviors or circumstances that indicate that a person is operating or in physical control of a vehicle while under the influence of alcohol or drugs. The presence of probable cause can stem from various observations, such as erratic driving, the smell of alcohol, or other indicative behaviors that suggest impairment. This standard is rooted in the need to ensure that law enforcement actions are based on factual evidence rather than speculation or assumptions. Other conditions mentioned, such as witness statements or field sobriety tests, may support an officer's observation and contribute to establishing probable cause, but they are not standalone justifications for an arrest. For instance, a witness statement may provide information but does not constitute probable cause by itself. Similarly, while field sobriety tests can provide evidence of impairment, the refusal of or failure to pass such tests must still be assessed in conjunction with other evidence to establish probable cause effectively. Additionally, the requirement for an arrest does not confine itself to public property, as physical control can occur in various locations