Drink Driving Flashcards

1
Q

S. 108 RTA

A

PCA Ranges

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2
Q

What are the 5 PCA Ranges?

A
  1. Novice Range
  2. Special Range
  3. Low Range
  4. Middle Range
  5. High Range
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3
Q

What is Novice Range?

A

0.001 - 0.019 g/210L

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4
Q

What is Special Range?

A

0.020 - 0.049 g/210L

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5
Q

What is Low Range?

A

0.050 - 0.079 g/210L

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6
Q

What is Middle Range?

A

0.080 - 0.149 g/210L

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7
Q

What is High Range?

A

0.150+ g/210L

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8
Q

S .110 RTA Presence of Prescribed Concentration of Alcohol (PCA)

It is an offence to:

A
  • Drive a motor vehicle
  • Occupy the driver’s seat and attempt to put the vehicle in motion
  • Occupy supervising seat for a learner driver
  • Whilst being in the nominated range for the applicable licence.
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9
Q

How soon do you have to conduct a Breath Analysis (BAS)?

A

Within 2 hours of the offence

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10
Q

S. 111 RTA Presence of drugs

A

It is an offence to:

  • Drive vehicle
  • Occupy the driver’s seat and attempt to move the vehicle
  • Occupy supervising seat for a learner driver
  • While a prescribed illicit drug is present in the person

Drug test must be performed within 2 hours

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11
Q

S. 112 RTA DUI

A

Use or intend to use motor vehicle whilst under the influence.

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12
Q

When can you skip a Passive Test?

A
  • When driver admits to consumption of alcohol
  • Others in car who admit to consuming alcohol
  • Vehicle smells of alcohol
  • Windy
  • At the scene of a crash
  • Suspicion
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13
Q

Questions to ask After PCA Arrest

HINT: 7 of therm

A
  • What time was your first drink?
  • What time was your last drink?
  • Where did you consume these drinks?
  • How many drinks did you have?
  • What size of drink?
  • What type of drink?
  • Did you eat anything while drinking?
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14
Q

Cl. 3/Sch. 3 RTA

A

Power to conduct a Random Breath Test

RBT

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15
Q

Cl. 3/Sch. 3 RTA Power to conduct a Random Breath Test

A

PO may require a person to submit to breath test if the person is or was:

  • Driving a motor vehicle on a road
  • Occupying the driver’s seat on a road and attempt to put the vehicle in motion
  • Occupying the supervising seat of the learner driver on a road

(2) PO may perform an initial passive test
(3) PO may request the driver to stop the vehicle
(4) It is an offence not to comply

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16
Q

Cl. 4/Sch. 3 Arrest following a failed/refused breath test

A

PO may arrest a person if they have failed a breath test.

  • After arrest PO may convey person to police station or other place and detain for a BA
  • Take person to hospital or prescribed place to provide a blood sample if they have refused a BA
  • May use reasonable force in doing so.
17
Q

What are the 3 reasons for NOT undertaking a BA? (CRU)

A
  1. Conveyed to hospital due to injuries
  2. Requesting to go straight to the hospital
  3. Unable to provide a sample
18
Q

Cl. 5/Sch. 3 RTA

A

Taking blood sample following arrest - Failed breath test

19
Q

Cl. 5/Sch. 3 RTA Taking blood sample following arrest - Failed breath test

A

Compels med. practitioners to take blood form arrested due to innability to submit to a breath analysis.

20
Q

Cl. 11/Sch. 3 RTA Blood samples to be taken in hospitals from crash patients

A

Compels med. practitioners to take blood from crash patients in hospitals when the patient was:

  • Driving a motor vehicle
  • Occupying drivers seat and attempting to put the vehicle in motion
  • Supervising a learner
  • Pedestrian
  • Riding a horse
21
Q

Cl. 13/Sch. 3 RTA PO may require Sobriety Assessment

A

PO may perform Sobriety Assessment when PO has reasonable belief the person is under the influence of a drug OTHER than alcohol.

  • Must conduct breath test first.
22
Q

Cl. 13/Sch. 3 RTA

A

PO may require Sobriety Assessment

23
Q

Cl. 14/Sch. 3 RTA Arrest following failed/refused Sobriety Assessment

A

PO may arrest if person fails or refuses to undergo Sobriety Assessment.

  • PO to take person to hospital for blood and urine
  • Must be done within 4 hours
24
Q

Cl. 12/Sch. 3 RTA Power to arrest persons involved in Fatal Crashes for Blood/Urine tests

A

PO may arrest person if they are involved in a:

  • Fatal crash
  • Likely fatal crash

After arrest PO may:

  • Take person to a hospital to provide blood sample
  • Must be done within 4 hours