What should be done if a person is caught operating under the influence?

When a person is caught operating under the influence (OUI), the correct response is that they may not be entitled to release. This is because operating under the influence is a serious offense, and law enforcement agencies often have protocols in place that may require individuals to be held until they are deemed fit to be released or until further legal action can be taken. Factors such as the individual's level of intoxication, prior offenses, and safety to themselves and others can influence whether they are held in custody rather than released.

For those charged with OUI, especially if there are aggravating circumstances like having a high blood alcohol content or endangering others, law enforcement may be compelled to retain custody to ensure public safety and to uphold the law. This reflects the legal responsibility to prevent further incidences of driving under the influence.

In contrast, simply releasing an individual on a promise to appear, making an immediate arrest without consideration of other factors, or issuing a warning, would not adequately address the seriousness of the offense. Each of these alternatives may not fulfill the legal requirements or the responsibilities of law enforcement in addressing public safety concerns associated with impaired driving.