Under S6D(2) RTA 1988, arrest without a warrant may occur if a person fails to cooperate with the tests and the constable reasonably suspects what?

• A. The person has alcohol or drugs in his body or is under the influence of a drug.
• B. The person is wearing a seat belt.
• C. The person has a medical condition preventing testing.
• D. The person is a passenger in the vehicle.

Answer: (C)

When a driver is asked to provide a breath, blood, or urine sample and they refuse or fail to cooperate, the officer can arrest without a warrant if they reasonably believe there is a medical condition that prevents the test from being carried out. This makes sense because forcing a test on someone with a medical issue could be unsafe or ineffective, so the officer needs the power to pause the normal procedure and arrange for alternate testing or medical assessment. The other possibilities—being a passenger, or concerns about seat belt use, or the presence of alcohol or drugs in the body as a ground for arrest—do not fit the scenario of an arrest solely for failing to cooperate with the testing due to a medical condition.