What should an officer do if they suspect a subject is impaired but they refuse to perform SFSTs?

When a suspect is suspected of impairment but refuses to perform Standardized Field Sobriety Tests (SFSTs), documenting the refusal and considering arrest is the appropriate course of action. This is because the officer’s observations of impairment may still warrant further action despite the refusal to engage in testing.

Documenting the refusal provides a record of the suspect's behavior and decision, which can be critical in evidentiary proceedings. Additionally, refusal to comply with SFSTs can be considered an indication of potential guilt or an attempt to avoid assessment, reinforcing the officer's perception of impairment. Moving towards arrest allows for more comprehensive assessments to be conducted, such as breath or blood tests, which can provide definitive evidence of impairment levels, critical for legal outcomes.

Taking no further action or letting the suspect go can potentially allow an impaired individual to continue driving, posing a danger to public safety. Requesting a breath test immediately may not be appropriate if there is insufficient probable cause to administer that test without evidence from SFST results leading up to the decision to arrest. Ignoring the refusal fails to address the potential risk of impairment and does not fulfill the officer's responsibility to ensure the safety of the roadways.