Drink Driving

Question 0

What does sec 6 give the power to do?

Answer 0

Require a breath specimen of a person who has been driving, attempting to drive, or in charge of a motor vehicle on a road or other public place if a PC in uniform has cause to suspect that:
The person has alcohol in their body,
The person has committed a moving traffic offence,
Or
The person was involved in a rtc (uniform not required)

Question 1

What does sec 5 create an offence for?

Answer 1

For any person to drive, attempt to drive, or be in charge of a motor vehicle on a road or other public place, having consumed alcohol in such quantity that the proportion of alcohol in their breath, blood, or urine exceeds to prescribed limit.

Question 2

What offence exists for sec 6?

Answer 2

To refuse to give a breath specimen without reasonable excuse

Question 3

What should the person be asked prior to the breath test?

Answer 3

If any alcohol has been consumed in the past 20 mins and if so must wait 20 mins

Question 4

When can police force entry to gain a breath test?

Answer 4

If there is reason to believe the suspect is inside and it is in the interests of justice to do so, but on,y if:
Has been a rtc (whether in hot pursuit or not)
Or
Person is suspected of drink driving but no crash, and police are in hot pursuit

Question 5

What power of arrest exists for sec 6?

Answer 5

Conditional- if provide a positive or they fail to provide, but in the latter only of suspect alcohol is in their system

Question 6

What are the prescribed limits for alcohol?

Answer 6

Breath = 35micrograms /100ml
Blood = 80 mg/100ml
Urine=107mg/100ml

Question 7

When would a positive breath test result in. I further proceedings? When would a blood or urine sample be offered?

Answer 7

If reading between 36-39.

If reading between 40-50

Question 8

When would blood or urine be sampled?

Answer 8

Breath machine is broken down,
Reasonable excuse for not providing breath,
Reasonable belief that device has not produced reliable reading

Question 9

When taken to hospital what 3 differences apply?

Answer 9

Doctor is responsible for person
Investigating officer must inform doctor of the requirements of the patient,
Doctor can object to any requirements if prejudicial to the patients care or treatment

Question 10

If detained at the station under sec 7, how long can you detain for?

Answer 10

Until it appears that they would no longer be committing a drink driving offence if they were to drive.
Or
There is no likelihood of them driving or attempting to drive