Can a person operating under the influence of intoxicating liquor be refused release on a promise to appear?

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A person operating under the influence of intoxicating liquor can indeed be refused release on a promise to appear. This ability to deny release is tied to the understanding that individuals under the influence pose a potential risk not only to themselves but also to public safety. Law enforcement has the discretion to assess the sobriety of the person in question, and if they believe that the individual cannot make sound decisions due to their level of intoxication, they may determine it is not appropriate to allow the individual to leave without adequate oversight.

This is particularly important in cases where there may be a likelihood of repeat offenses or if the individual exhibits behavior that suggests they might not comply with the promise to appear. Thus, the option indicating that they can be refused release is correct as it acknowledges the role of judgment and public safety concerns that officers must take into account when dealing with individuals under the influence.

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