To arrest someone for DWI, which standard is typically required?

• A. Reasonable suspicion
• B. Probable cause
• C. A warrant
• D. A confession

Answer: (B)

Probable cause to arrest is the level of certainty a reasonable person would have that a crime has been or is being committed. For a DWI arrest, an officer need only show enough facts and circumstances—taken together—that a reasonable person would believe the driver is intoxicated and committed the offense. This can come from signs like erratic driving, the odor of alcohol, slurred speech, glassy or red eyes, and positive field sobriety or chemical test indicators. A warrant is not typically required for an arrest in public when probable cause exists, though a warrant may be needed to arrest inside a home absent exigent circumstances. Reasonable suspicion, by contrast, just allows a stop and brief detention, not a full arrest, and a confession, while helpful, is not the standard itself.