If an arrestee declines a breath test but demands a blood or urine test, what must the officer have to take further action?

When an arrestee declines a breath test but requests a blood or urine test, the officer is required to have reasonable cause to believe that the arrestee's blood alcohol concentration (BAC) will exceed the legal limit of .08%. This reasonable cause is essential because it justifies further action in requesting a different type of test.

In DUI-related cases, officers must assess whether there is sufficient evidence or circumstances indicating that the person might be over the legal BAC threshold. This might include observations of the individual’s behavior, physical condition, or any other indicators that suggest impairment. The ability to proceed with a blood or urine test hinges on this reasonable cause, fulfilling legal requirements and ensuring the integrity of the testing process.

Other options, such as evidence of prior DUI offenses, witness statements, or emergency medical assistance, do not provide the necessary legal basis to compel an arrestee to undergo a blood or urine test in the absence of reasonable cause. These factors may not be directly related to the immediate scenario of selecting the correct type of intoxication test.