Drink and Drug Driving

Question 1

What is the difference between being unfit through drink and drugs and over the prescribed limit in terms of the vehicle?

Answer 1

Unfit through drink or drugs is a Mechanically propelled vehicle.

Over the prescribed limit is a Motor vehicle.

Question 2

How are these offences tried?

Answer 2

All are summary offences.

Question 3

What are the three further offences relating to unfit through drink or drugs?

Answer 3

Driving / Attempting to Drive / Being in charge of

Question 4

Is a mere suspicion the person was attempting to drive enough to convict

Answer 4

No

Question 5

Can any of these offences be committed on private land

Answer 5

No - Road or public place

Question 6

Does insulin count as drugs in drug and drugs.

Answer 6

Only if there is clear evidence of an overdose.

Question 7

How can unfitness be proven.

Answer 7

It can come from a lay witness or an expert witness.

Question 8

What can a lay witness provide evidence in relation to - (unfit through drink or drugs)

Answer 8

That the person appeared to be unfit - due to the amount of alcohol. etc.

Question 9

Can a lay witness provide evidence relating to the drivers ability

Answer 9

No

Question 10

what evidence can an expert provide.

Answer 10

An expert can provide evidence that a person was unfit

Question 11

In section 4 - Unfit through drink or drugs do you have to prove that there is any drink or drugs in the persons system

Answer 11

No - You only have to provide evidence that they are unfit.

Question 12

For section 5 and 5a do you have to prove that the person has drink or drugs in their system.

Answer 12

Yes. You need to provide that they have drink or drugs over the prescribed limit.

Question 13

Can you still arrest under Section 4 if the person provides a negative breath test but is displaying signs of being unfit.

Answer 13

Yes - DPP v Robertson.

Question 14

What do the defence have to prove in relation to section 4

Answer 14

That on the balance of probabilities that at the time there was no likelihood of them driving, so long as they remained unfit

Question 15

Does the defence of “no likelihood of them driving” apply to driving or attempting to drive.

Answer 15

No only drunk in charge.

Question 16

In regard to a person being likley to drive the court may disregard any…

Answer 16

Injury to the defendant or damage to the vehicle.

Question 17

What offences in relation to drink / drug driving have apower of entry.

Answer 17

There is a power of entry for the purpose of arresting a person under section 4 driving whilst unfit due to drink / drugs and section 163 fails to stop.

However, the person has to have reasonable grounds to believe that the person sought is on the premises.

Question 18

Section 5 specifies excess alcohol what does section 5a specify.

Answer 18

Excess of a specified controlled drug.

Question 19

What are the legal limits of alcohol in breath/blood/urine

Answer 19

Breath 35 micrograms in 100 millilitres
Blood 80 miligrams in 100 millilitres
Urine 107 miligrams in 100 millilitres.

Question 20

What is a defence to being in charge of a motor vehicle with an excess amount of alcohol or drugs

Answer 20

That there was no likelihood that the person would drive, whilst they remained with an excess amount in their body.

Question 21

What circumstances activate the High Risk Offenders Scheme in relation to driving whilst over the prescribed limit through drink or drugs.

Answer 21

More than two and a half times over the prescribed limit

This is there second (or more) in ten years.

Question 22

What is the consequences of being on the High Risk Offenders Scheme.

Answer 22

Have to undergo a medical test prior to being allowed to drive again.

Question 23

What additional defence does section 5a - over prescribed limit drugs have.

Answer 23

having a drug that is prescribed or supplied for medical or dental purposes.

And that the persons had the drug lawfully and using it with instructions.

The defence need only introduce a small element of doubt.

Question 24

Is there any responsibility to ensure your drink has not been spiked.

Answer 24

Yes there is “some” responsibility to ensure you drink does not contain alcohol if you intend to drive afterwards.

Question 25

Three occasions where a preliminary test can be requested.

Answer 25

Where a person is currently driving attempting to drive or in charge of a vehicle and has alcohol in their body. Where a person has driven, attempted to drive or been in charge of a vehicle and still at the time of request has alcohol in their body. Where is or has and has committed a moving traffic offence. All Motor vehicles.

Question 26

What is the mindset of the officer requesting?

Answer 26

Reasonable suspicion.

Question 27

What is different about requesting a breath test after an accident.

Answer 27

The officer must know there has been an accident and believe that the person was driving / attempting to drive / in charge of. There is no need to suspect alcahol in the body.

Question 28

Whats the rule about an officers uniform and the requirement for a breath test.

Answer 28

In all instances the officer requesting the test or the officer need not be in uniform, however, the officer administering the test must be in uniform.

Question 29

What are the three types of test

Answer 29

breath test, impairment test, drugs test.

Question 30

Where can these prelimanary tests take place

Answer 30

For a non acidental situation with a breath test only it can only take place at or near to the place where the requirement was made. For the other tests and a breath test in an accidental situation it can: At or near the place where the request to co-operate has been made or if expedient at a Police Station

Question 31

In relation to failing or refusing to provide a breath test, what location can a person not be arrested?

Answer 31

A person cannot be arrested whilst at a hospital as a patient

Question 32

What are the circumstances that provide a power of entry in relation to requesting a breath tes.

Answer 32

You must know there has been an accident, believe that the person is the driver and suspect that there is an injury.

Question 33

Where can a request for an evidential sample of breath be made

Answer 33

At a Police Station, Hospital or a place near to the request of the prelimanary test

Question 34

Where can a request for an evidential sample of blood or urine be made

Answer 34

At a Police Station, Hospital or near to the request of the prelimanary test

Question 35

in order to request an EVIDENTIAL specimen must the officer be in uniform.

Answer 35

Yes, except after an accident.

Question 36

Is being too drunk to provide breath a medical reason to provide blood or urine

Answer 36

Yes

Question 37

Is the fear of needles when requesting blood a relevant consideration

Answer 37

Yes

Question 38

When taking urine, does the defendant have a right to have a sample.

Answer 38

No, there is no free standing right, and although the sample has to be divided it is not neccesary to do this in the person presence.

Question 39

How long does a person have to provide two specimens of urine.

Answer 39

A person has one hour to provide two separate specimens of urine - The hour is calculated from the request.

Question 40

Can the officer extend the hour period in relation to a request for urine.

Answer 40

Yes, although they are not oblidged.

Question 41

At Hospital who do you request to take the blood for an evidential blood alcohol or drugs test

Answer 41

A police Doctor, however, if one is not availible than a request can be made to another doctor as long as they are not responsible for the patients care.