What decision must be made in Phase Two of a DWI stop?

In Phase Two of a DWI (Driving While Intoxicated) stop, the officer must determine whether to have the driver exit the vehicle. This decision is critical for several reasons, primarily safety and the need to conduct further evaluation of the driver's condition.

When officers suspect that a driver may be impaired, having them exit the vehicle allows for a controlled environment in which the officer can assess the driver's physical and mental state more closely. This includes observing the driver’s balance, coordination, and ability to follow instructions, which can provide key indicators of intoxication.

Having the driver outside the vehicle also helps to ensure the safety of both the officer and the driver. Within the confines of a vehicle, the driver may reach for items or display behaviors that could pose risks. By removing the driver from that environment, the officer can better manage the situation and make informed decisions about further testing or potential arrest.

While considerations about breath tests, visible signs of intoxication, and the need for a search warrant are important aspects of the overall DWI process, the specific decision to have the driver exit the vehicle is a primary action taken during Phase Two, directly related to the observation and assessment of the driver’s impairment.