Under what condition would phase three not occur in a DUI investigation?

Phase three of a DUI investigation generally involves the actual testing and evaluation of the driver once an officer has established a reasonable suspicion of impairment. This phase typically includes standardized field sobriety tests and potentially chemical testing.

When a driver refuses testing, this condition often leads to a situation where phase three doesn't occur because the officer cannot proceed with the procedures that assess the driver's level of impairment through testing. The refusal means that the evaluation of the driver’s physical and cognitive abilities cannot be conducted, effectively halting the progression into the typical DUI investigation's phase three.

Other scenarios such as a parked vehicle, no traffic violation, or if the driver is sober do not necessarily negate the possibility of conducting a phase three evaluation; they may change the context or relevance of the investigation, but they do not inherently preclude the existence of phase three.