EBA Flashcards

1
Q

What is the breath alcohol limit for adults?

A

250 mcg of Breath Alcohol

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2
Q

What is the breath alcohol limit for youth (under 20)

A

0 mcg of breath alcohol.

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3
Q

What is the blood alcohol limit for adults?

A

50 mg of blood alcohol.

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4
Q

What is the blood alcohol limit for the youth?

A

0 mg of blood alcohol.

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5
Q

How long can we hold someone for once they have failed their EBT?

A

10 minutes unless they decide to do a blood test.

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6
Q

What are your powers to Arrest relating to breath/blood alcohol?

A

Section 120 (1) (a) of the Land Transport Act.

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7
Q

If I blow over 400 mcg and have 1 previous (relevant) conviction in the past 4 years, what happens to me?

A

Under Section 95 of the LTA, you have the power to suspend the license for 28 days.

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8
Q

If I blow over 400 mcg and have had 2 previous (relevant) convictions in the past 4 years, what happens to me?

A

Under Section 96 of the LTA, you have the power to impound my vehicle.

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9
Q

What is the meaning of a relevant conviction in Section 95 and Section 96 of LTA?

A

Section 56-58.
Section 60 and Section 61.

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10
Q

Post-procedure requirements to forbid impaired drivers.

A
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11
Q

If I blow over 400mcg on the EBT can I elect blood?

A

Yes, you have 10 minutes to decide whether you want a blood test.

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12
Q

If I blow between 250mcg and 400mcg can I elect blood?

A

No, you do not have the option to elect blood as this is just an infringement notice.

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13
Q

In what part of the EBA process can I arrest?

A

If the person fails or refuses to remain.
If the person fails or refuses to accompany.
If the person elects blood then refuses.
If the person elects bloods, the nurse comes and then refuses.

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14
Q

Procedure for issuing a summons.

A
  1. Person accepts the breath test reading and is not arrested.
  2. Summons the driver to a date no more than 2 months from the time that the summons is served.
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15
Q

If I am 16 years old and blow 178 on the EBT what happens?

A

The file gets sent to youth aid services, most likely will go to youth court.

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16
Q

Section 58 of LTA?

A

Drives/attempts to drive under the influence (drink or drug).

17
Q

When I detain for the breath and blood alcohol testing, what caution rights do I give?

A

There is a specific caution which needs to be read, such as requiring them to stay throughout the process.