During Pre-Arrest Screening/Phase 3 of OUI enforcement, should the officer decide to issue a formal citation to the suspect?

In the context of Pre-Arrest Screening/Phase 3 of Operating Under the Influence (OUI) enforcement, the correct approach is to refrain from issuing a formal citation to the suspect at this stage. During this phase, the focus is primarily on gathering evidence and assessing whether there is enough probable cause to proceed with an arrest for OUI.

The decision to issue a citation typically comes after a thorough evaluation of the situation, including observing the suspect's behavior, performance on standardized field sobriety tests, and potentially breath or blood test results that may happen later in the process. At the pre-arrest phase, the officer is still determining the validity of the evidence and whether it supports an arrest. Issuing a citation prematurely might lead to complications in the legal process or interfere with ongoing investigations.

By waiting until the officer has established probable cause through evidence assessment, they can ensure a more legitimate and legally sound basis for any subsequent actions, whether that be arrest or further citations. Thus, the decision at Phase 3 is not to issue a citation, aligning with standard law enforcement practices in OUI investigations.