For which misdemeanors that YOU see SHALL an officer make an arrest?

• A. DWI/DUI
• B. Domestic assault / violation of protective order
• C. Drunk in public
• D. Subject disregards summons

Answer: (A)

The key idea is that certain misdemeanors are treated as arrest offenses because of public safety and the need to secure evidence and court appearances at the time of the encounter. Driving while intoxicated is the most clear-cut example: when an officer has probable cause to believe someone is operating a vehicle under the influence, arrest is typically required so the person can be processed, and mandatory procedures (like chemical testing) can be properly carried out. This makes DWI/DUI the best fit for a situation where an officer must arrest.

Drunk in public is often handled with a citation, warning, or release rather than an automatic arrest, depending on department policy and the circumstances. Domestic assault or violation of a protective order can involve arrest in many places, but policies vary and aren’t universally mandatory in every case. Disregarding a summons isn’t a current criminal act in the moment being evaluated; it’s an enforcement issue that would be addressed through separate proceedings, not an automatic immediate arrest for a misdemeanor observed during the stop.

So, the scenario points to DWI/DUI as the misdemeanor that most clearly requires an officer to arrest.