During Phase 2 of OUI enforcement, what is the primary decision the law enforcement officer must make regarding the subject?

The primary decision that a law enforcement officer must make during Phase 2 of OUI (Operating Under the Influence) enforcement centers around the administration of Field Sobriety Tests (FSTs). This phase occurs after an officer has established reasonable suspicion that a driver may be intoxicated, typically through initial observations of driving behavior, and has initiated a traffic stop.

During this phase, the officer's focus is on collecting observable evidence that can support a determination of impairment. Field Sobriety Tests are designed to assess a subject's balance, coordination, and ability to follow instructions—key indicators of physical and mental impairment due to alcohol or other substances. The successful completion or failure of these tests helps the officer decide whether to proceed with further actions, such as making an arrest for OUI.

While questioning the subject and considering safety reasons are also important factors in OUI enforcement, the administration of Field Sobriety Tests is more directly linked to the assessment of impairment and is a critical step in the overall evaluation process. Miranda warnings, on the other hand, are relevant when a subject is to be subjected to custodial interrogation; however, this may not be immediately necessary at this stage of enforcement unless the situation progresses towards an arrest. Thus, the decision regarding