What must police officers do before arresting an individual for OUI?

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The requirement for police officers to determine whether a driver is impaired before making an arrest for Operating Under the Influence (OUI) is essential to ensure that there is sufficient probable cause to justify the arrest. Impairment can be assessed through various observations, including the driver's behavior, appearance, speech, and performance on standardized field sobriety tests. This assessment is foundational to establishing that the driver is under the influence of alcohol or drugs, which is the legal standard for OUI arrests.

Conducting a breath test can be a critical part of the process, but it typically occurs after the initial determination of impairment has been made. Backup may be called for safety, but it is not a mandatory step before assessing impairment. Checking vehicle registration is not relevant to the determination of OUI and does not contribute to establishing whether the driver is impaired. Thus, the focus on assessing impairment aligns with legal requirements and ensures that officers act within the bounds of the law when proceeding with an arrest for OUI.

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