EBA

Question 1

Under Section 96 when must a drivers vehicle be impounded with regards to EBA?

Answer 1

Breath over 400 or blood over 80 AND has TWO relevant convictions in the last 4 years
Fails or refuses to give breath or blood test and has TWO relevant convictions in the last 4 years

Question 2

What is the procedure for a driver who has been involved in a crash and is unconscious?

Answer 2

Inform Doctor they were in accident 
Doctor will take blood
Completes his part of form
Bar codes attached to the containers
Get blood from Doc
Courier blood to ESR within 7 days
Attach courier receipt to file

Question 3

Under Section 95 when must a driver have their license suspended for 28 days with regards to EBA? 4 things

Answer 3

Breath Alcohol over 650mcg
Blood over 130ml
Breath over 400 or blood over 80 AND has a relevant conviction in the last 4 years
Fails or refuse to do breath or blood test

Question 4

What are your powers to arrest relating to EBA?

Answer 4

You can arrest if they refuse to accompany to the station for an evidential breath test

Fail to remain for the EBA procedure

Question 5

What does the 10 minutes period relate to?

Answer 5

The time required to be given to the driver in the EBA process after the Evidential breath test when they can elect to have blood tests done.
Police give 12 minutes to be sure this time is given.

Question 6

What happens if a driver fails or refuses to provide a passive breath sample?

Answer 6

If they refuse the passive then screen test then
If they refuse the screen test then require them to accompany
If they refuse to accompany then arrest and BOR
If they refuse evidential breath test then require blood
If they refuse blood then summons for refusing under S121 and suspend their license for 28 days

Question 7

What are the breath and blood alcohol limits for adults? And for youths?

Answer 7

Adults:
250-400 mcg = ION
Over 400 mcg = Prosecution 
50 - 80ml = ION
Over 80ml = Prosecution 

Youths:
0.1 - 150mcg = ION
Over 150mcg = Prosecution 
0.1 - 30ml = ION
Over 30ml = Prosecution

Question 8

What is the rule with breath ratio to blood ratio?

Answer 8

Blood limit is 1/5 of the breath limit

Question 9

What is the procedure for EBA testing?

Answer 9

Passive breath test
Obtain age
Require breath screening test
Require to accompany + BOR (arrest for refusing to accompany if not)
Evidential breath test
Give 10 minutes to elect blood
Accept breath, summons under S121
Elects blood, call for blood to be taken
If refuses to give blood then summons for fails/ refuses and suspend for 28 days