Drink Driving

Question 0

In relation to unfit to drive, what does in charge mean?

Answer 0

Relates to control person has over vehicle
Sat in vehicle, engine on, keys in car or in possession
Consider proximity/where keys are/likelihood of driving

Question 1

What is the offence of being unfit to drive?

Answer 1

Offence for a person
To drive/attempt to drive/to be in charge of
An MPV on a road or public place
When unfit to drive through drink or drugs

Question 2

Who has power of arrest for unfit to drive?

Answer 2

Constable in uniform or plain

If have reasonable cause to suspect person unfit

Question 3

What power of entry so we have for unfit to drive?

Answer 3

From sec 5 (7) road traffic act
Power to enter any place - uniform or plain clothes - with force if necessary
To arrest person you have reasonable cause to believe is unfit

Already know they are drunk and enter to arrest

Question 4

What other drink driving offence are there other than unfit?

Answer 4

Driving over the prescribed limit
Or attempting or in charge of vehicle
MPV road or public place
Where alcohol in breath/blood/urine exceeds the prescribed limit

Question 5

If we suspect person is drunk, what would you do?

Answer 5

Breathylse them at road side - only done if in uniform (unless after a collision)

Question 6

When can we use a breathylser?

Answer 6

1. After an RTC - uniform or plain, anyone involved - driver/person supervising driver/passengers if driver unknown
2. Driving offence occurred and suspect driving - uniform ONLY - dangerous/careless/inconsiderate/unfit

At or near where the requirement is made
If accident - police station.

Question 7

What would you arrest for after a positive breathylser?

Answer 7

Driving/attempting/in charge of vehicle over prescribed limit
Arrest for prompt and effective investigation
Uniform or plain clothes

Question 8

What are the limits in breath/blood/urine?

Answer 8

35micrograms in 100 millilitres - breath
80 milligrams in 100 millilitres - urine
107 milligrams in 100 millilitres - blood

Question 9

What happens if person fails or refuses a breathylser?

Answer 9

If person fails or refuses a test
A constable in uniform or plain clothes
If have reasonable cause to suspect they have alcohol in body
ARREST for fail to provide
If don’t suspect drink then report for summons
If in hospital - can’t arrest

Fail to provide = 3 times over limit charge

Question 10

What powers of entry do we have for DOPL?

Answer 10

Only after RTC injury to another

Uniform or plain can enter after
Collision causing injury to another
To require them to take breath test

Or

Arrest positive breath test

Or
Arrest fail to provide

May use force and must reasonably suspect them to be in location

Question 11

What if person whom you suspect is unfit through drink is on hospital?

Answer 11

Must get permission from doctor in charge of person
If unconscious or unable then doctor can authorise
But when they regain consciousness they are told it was taken and can refuse analysis - commit fail to provide

Question 12

When can you enter a property for drink driving offences?

Answer 12

Arrest unfit if suspect driving/attempting/in charge whilst unfit

After injury rtc - to give breath test
After injury rtc - arrest after positive reading breath test and made off, or arrest failed to provide and suspect drink

Question 13

Where must you be in a MPV and drink drive?

Answer 13

On a road or public place

Question 14

What happens if person blows between 35 and 39?

Answer 14

NFA

Question 15

What happens if person blows between 40-50mgs?

Answer 15

Lawful right to choose to have breath replaced by blood

Still guilty of offence if over 40mgs in urine

Question 16

What does ‘in charge’ of vehicle mean?

Answer 16

Owner, in possession of or recently driven vehicle
Sat in vehicle
Possession of keys
Evidence of intention to take control of vehicle

Supervising driver and drunk - in charge