MCOLES State Licensing Practice Exam

After stopping a driver suspected of OWI, what signifies probable cause?

1. A strong odor of alcohol present

2. Driver’s admission of drinking alcoholic beverages

3. Visible open containers

4. All of the above

The correct answer is: All of the above

Probable cause in the context of a potential Operating While Intoxicated (OWI) offense is established by the presence of various indicators that suggest the driver may be impaired. Each option identifies a specific factor that can serve as evidence leading to a reasonable belief that the driver is under the influence of alcohol. The presence of a strong odor of alcohol is a strong indicator that the driver may have been consuming alcoholic beverages. This sensory cue is often one of the first cues officers look for when they suspect impairment. An admission by the driver of having consumed alcohol is also a key factor contributing to probable cause. Such a statement directly implies that the driver has engaged in drinking, which raises concerns about their ability to operate a vehicle safely. Visible open containers of alcohol within the vehicle provide further corroborating evidence that the driver has been consuming alcohol. The presence of open containers not only reinforces the suspicion of drinking but can also be a violation of open container laws in many jurisdictions. Since each of these factors can independently contribute to the determination of probable cause, their collective presence significantly strengthens the case for suspicion of OWI. Therefore, the best answer is that all of these factors together signify probable cause, allowing law enforcement to proceed with further investigation or testing related to potential intox