Ethical dilemmas are extremely common in law enforcement. Even though lawmakers may strive for precision when wording the laws, issues are not always black and white; there is a great deal of gray as well. In order for a police officer to act appropriately when confronted with an ethical dilemma, he or she must have an internal moral compass developed by early education as well as by specific training in police ethics. Ethics training should address the social contract, encourage strong character, recognize those who exercise integrity, and view ethics training as a method of reducing risk.

In the hypothetical situation, I am a police officer in a small town. I have stopped a person weaving on a city street at 1:30AM. I smell the odor of alcohol, and the driver admits to having had several beers over the previous several hours. I am deciding whether to perform a field sobriety test, which is discretionary if I think the person may be driving under the influence. The person (who may or may not be legally under the influence) then asks if I know his brother who works in the same department. Obviously I know him. Assume that my vehicle does not have a dash cam. In order to act properly, I must consider the situation from all ethical perspectives and choose accordingly.

The social contract is an implicit agreement made by all members of society that establishes what others owe us and what we owe them. An example of the social contract is treating all persons equally just as we expect to be treated equally. With regard to this police officer – DUI scenario, the social contract is fulfilled if I treat a judge, another law enforcement officer, a family member of a police officer, and someone with no connections to law enforcement exactly the same. At the same time that I follow the law in my actions towards others, I expect others to follow the law in their actions towards me.

A strong character develops when a person is trained to know what is right and what is wrong, but with a sense of mercy and forgiveness that recognizes we all make mistakes. For example, a person who is convinced that taking a bribe is wrong is less likely to do so. Similarly, integrity means knowing what I believe and acting according to what I believe, rather than performing actions I know are wrong. In police culture, it is crucial to recognize and reward those officers who act with integrity. For example, if an officer performs a field sobriety test that is deliberately outside the range of the dash cam, the officer is not acting with integrity.

Finally, police ethics training should inform officers about risk management. When officers do not act ethically, they place both themselves and their departments in jeopardy. Even when there is only a misunderstanding between officers and the public, protests, riots, and lawsuits may result. It is even more damaging when the law officer deliberately acts unethically. For example, if an officer knowingly uses excessive force and a suspect dies, the case may escalate onto the national news.

There are several ethical questions in this scenario. First, do I have enough cause to justify the field sobriety test? Second, is it wrong to do the test in the absence of a dash or body cam that will record the test? Third, should I call his brother, who works with me in the police department? Fourth, is it acceptable to allow him to call a friend to take him home, rather than arresting him on suspicion of DUI?

I would first perform a field sobriety test. I consider this action to be entirely justified by the person’s inability to drive straight, odor of alcohol, and admission by the driver that he has been drinking. If the field test strongly indicates he is sober enough to drive, I would nevertheless tell him that he should find another way home, whether from his brother or another person, for his own safety. I would allow him to call his brother or anyone else who could give him a ride. On the other hand, if the field test strongly indicated that his BAC was above the legal limit, I would take him in and allow him to call his brother or another individual as a part of the booking process. He would then be taken to jail.

The gray area for a field sobriety test results because it is impossible to exactly measure BAC by this method. If the results are borderline, a test using a reliable piece of equipment, such as a Breathalyzer, should be employed to confirm the results. If I did not have the equipment available, or if the person refused the test, I would take him or her to the station for further testing.

I would avoid several common ethical mistakes as follows: I would document how the person failed the test (i.e. by what criteria), I would not involve the brother because there would be suspicion of bias, and I would not allow the person to call someone to pick him unless, as specified above, he was clearly shown to be sober. I would also encourage my department to install dashboard cameras and body cameras as soon as possible, and to make sure we had standards regarding how to perform field sobriety test so that they would appear clearly on the cameras. A body cam would probably be best for this purpose.