Alcohol and Drug Impaired Driving Guide Flashcards
You may require any of which people to undergo a passive test (PBT) or breath screening test (BST) without delay?
- Anyone driving or attempting to drive a vehicle on a road (does not specific public road).
- Anyone who you have GCTS recently committed an offence against the Land Transport Act 1998 that involves a motor vehicle.
- If there has been a crash, the driver of the vehicle, where you’re not sure who was driving, anyone you have GCTS was in the vehicle at the time of the crash.
What are the six steps of EBA and CIT process?
- Passive breath test (PBT)
- Breath screening test (BST)
- Evidential breath test (EBT)
- Evidential blood test, cost recovery, fail or refuse.
- Compulsory impairment test (CIT)
- Suspension of licence and impoundment of vehicle
Who are the four types of person relating to EBA process?
- Under 20 Years.
- Alcohol Interlock Licence
- Zero Alcohol Licence.
- 20 Years and Over.
A “alcohol” reading on a PBT always leads to a BST with all four types of persons. Who is the only one clear from a reading of “Under 250”?
20 years and over.
For a person under 20 years what are the outcomes of a EBT?
No alcohol: free to go.
0-150: ION $200 and 50 demerits
151-250: Charging document. Youth Aid File. 57(1)
251-400: Charging document. Youth Aid File. 57(1)
401-650: Charging document. Youth Aid File. 56(1)
651+: Charging document. Youth Aid File. 56(1)
For a person with an Alcohol Interlock Licence and Zero Alcohol Licence what are the outcomes of a EBT
No alcohol: free to go.
Anyone result is a charging document.
0-150: Charging document.
151-250: Charging document.
251-400: Charging document.
401-650: Charging document.
651+: Charging document.
For a person 20 years and over what are the outcomes of a EBT?
No alcohol: free to go.
0-150: free to go
151-250: free to go
251-400: ION $200 and 50 demerits.
401-650: Charging document
651 and over: Charging document
What is the ratio of blood test result to breath test result?
1:5
What costs are to be sought at court for EBA process?
Cost of a blood test. Around $700
What is the outcome of refusing or failing to undergo a blood test?
Arrest and charging document.
A EBA result of 651 and over also results in?
A 28-day drivers licence suspension.
With just one previous related conviction, may also result in?
The issue of a sale or disposal prohibition sale notice.
With two previous related convictions, may also result in?
The issue of a sale or disposal prohibition sale notice.
AND
28 day seizure of vehicle.
What two actions will likely occur when person fails EBA process?
Take away car keys if person is deemed incapable on reasonable grounds.
Forbid to drive for up to 12 hours based on reasonable grounds.
Section 73 outlines who must give blood specimen in hospital.
A medial practitioner if charge of person may take blood specimen if an enforcement officer requests them to do so, whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.
To refuse a hospital blood test is to commit an offence. Need to obtain statement from medical practitioner to prove that they were refused to do so.
Medical practitioner can take blood specimen if
1. RGTS person is in hospital as a result of incident involving a motor vehicle.
2. The specimen would not be prejudical to their treatment.
AND
3. Tells the person (unless they are unconscious) that the specimen is being or was taken for evidential purposes.
