During Personal Contact/Phase 2 of OUI enforcement, is the officer's decision whether to ask the subject to exit the vehicle?

The officer's decision to ask a subject to exit the vehicle during Personal Contact/Phase 2 of OUI (Operating Under the Influence) enforcement is indeed within the officer's discretion. This decision is based on several factors, such as the officer's observations during the initial contact, the demeanor of the driver, and the circumstances surrounding the stop.

As part of their training, officers are taught to assess the situation holistically. If they perceive any indicators of impairment or if they believe that allowing the subject to remain in the vehicle could compromise safety, they may request that the driver exit the vehicle. The ability to request that a subject exit serves as a critical step in ensuring that the officer can conduct further evaluation in a safe environment, which can include standardized field sobriety tests if warranted.

While there are scenarios that might prompt an officer to make that request—such as belligerent behavior or evidence of alcohol consumption—the determination is made on a case-by-case basis. Therefore, the flexibility granted to officers during this phase reflects their training and the need to maintain control over the situation, ensuring both their safety and that of the suspect and the public.