Drink Drive Flashcards
For drink drive is it an mechanically propelled vehicle or a motor vehicle?
Motor vehicle.
Can you attempt to drink drive?
Yes.
What is the limit of alcohol in breath?
35 micrograms per 100 millilitres.
What is the limit of alcohol in blood?
80 milligrames per 100 millilitres.
What is the limit of alcohol in urine?
107 milligrams per 100 millilitres.
What is an ESD?
Electronic screening device, a handheld breath test.
What is an EBM and where is it found?
Electronic breath machine, found in custody.
Define attempting to drive
Intention to do something, coupled with actions of actually doing it, irrespective of whether it is doable or not.
What is a motor vehicle?
A mechanically propelled vehicle adapted or intended for use on the road.
Define in charge of a vehicle
Has control over that vehicle, being in possession of the keys is enough for being in charge.
Who can require a breath test?
Any constable (plain clothes and uniformed).
Who can administer a breath test?
A constable in uniform unless it is an RTC in which case it can be any constable.
Where must a breath test be undertaken?
At or near the scene of requirement.
How long after a person has finished consuming alcohol can a breath test be conducted?
20 minutes.
How long after a person has finished smoking can a breath test be conducted?
5 minutes, after a few deep breaths.
If you require someone to stop smoking and a breath test, if they continue to smoke what offence has been committed?
Failing to provide.
If you require a breath test from someone, they then open a can of beer in front of you and drink it. What offence?
In this situation you would arrest them for failing to provide.
If a person fails to provide and you suspect alcohol what are you going to do?
Arrest.
If a person fails to provide and you don’t suspect alcohol, what can you do?
Report/process. You cannot arrest.
Who must be breathalysed at the scene of an RTC?
All drivers. (MPS policy)
If a driver is in hospital after an RTC who can authorise a breath test to be undertaken?
The doctor directly in charge of that persons care.
If the doctor declines to allow a breath test to be undertaken for someone in hospital what must be done?
A FME will come and take a blood sample.
What power, if any, have you got to enter a premises to arrest someone for failing to stop at an RTC?
Section 17 of PACE.
What two things under section 17 can you enter and arrest for?
Arrested for failing to stop at the scene of an RTC, or driving under the influence of drink or drugs.
What power is used to enter to save life and limb?
Section 17 of PACE.
