EBA

Question 1

What are the breath & blood alcohol limits for youths?

Answer 1

zero.

under 150/30 = infringement & demerit points.
over 150/30 = infringement & disqualified 3months.
over 400/80 = the same as an adult.

Question 2

What are the procedures in the event of a driver refusing or failing to provide breath or blood alcohol sample after a BST?

Answer 2

If they refuse, warn them. Continuing to refuse, you can arrest to return to the station to carry on with EBA & whatever the outcome the driver will be charged with failing to refuse or accompany.

Question 3

When can a driver be suspended under S95 LTA?

Answer 3

1. 650+/130+
2. 400+/80+ with a relevant offence within 4 years.
3. Failed or refused blood test on request or at hospital.

Question 4

What are your powers to arrest relating to blood/breath alcohol procedures?

Answer 4

Section 120 LTA 1998

Question 5

What are the relevant offences/ convictions for S95 and S96 (LTA)?

Answer 5

Excess breath alcohol 400+
Excess blood alcohol 80+
Only a relevant offence for section 96.
Incapable of proper control - DUI drink/drugs.
Failed/refused to give blood.
Caused death or injury with EBA.
Caused death or injury whilst incapable.

S56,57,58,60,61

Question 6

What are post-procedure requirements to forbid impaired drivers?

Answer 6

Positive EBT or driver who refused/failed to complete EBT must be forbidden to drive under S121 LTA.

You can also forbid a driver if you have an honest belief based on reasonable grounds that they are incapable of having proper control of the vehicle.

Question 7

What is the procedure with court dates for commencing prosecutions or issuing infringement notices following breath or blood alcohol test results?

Answer 7

Issuing a summons for a court date no later than 2 months from the time of the summons being served.