Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

What must occur before gathering chemical evidence on a DUI stop?

1. You must secure a witness

2. You must conduct a field sobriety test

3. You must arrest the individual

4. You must call for a backup officer

The correct answer is: You must arrest the individual

Before gathering chemical evidence during a DUI stop, it is essential to have established probable cause through an arrest. This arrest provides the legal basis for collecting chemical evidence, such as breath, blood, or urine samples, which are critical for substantiating DUI charges. The arrest must be supported by observations and field tests indicating impairment, making it a foundational step before proceeding with any evidence collection. Collecting chemical evidence prior to making an arrest can lead to legal challenges regarding the admissibility of such evidence in court. Therefore, establishing probable cause through an arrest ensures that the subsequent evidence gathering is conducted lawfully and that the evidence is more likely to hold up under scrutiny during legal proceedings.