EBA

Question 0

Section 56(1)

Answer 0

Any age
Drives or attempts
Exceeds 400mcg of alcohol per litre of breath

Question 1

Four types of testing

Answer 1

Passive breath test
Breath screening test
Evidential breath test
Blood test

Question 2

Section 56(2)

Answer 2

Any age
Drives or attempts to drive
Exceeds 80mg of alcohol per 100ml of blood

Question 3

Section 58

Answer 3

Any age
Drives or attempts to drive
Under influence of drink or drugs or both
Incapable of having proper control

Question 4

Section 57(1)

Answer 4

Under 20
Drives or attempts to drive
Exceeds 150mcg of alcohol per litre of breath

Question 5

Section 57(2)

Answer 5

Under 20
Drives or attempts to drive
Exceeds 30mg of alcohol per 100ml of blood

Question 6

Section 57(1)A

Answer 6

Under 20
Drives or attempts to drive
Does not exceed 150mcg of alcohol per litre of breath
Infringement fee $200
50 demerit points

Question 7

Section 57(2)A

Answer 7

Under 20
Drives or attempts to drive
Does not exceed 30mg of alcohol per 100ml of blood
Infringement fee $200
50 demerit points

Question 8

Five situations when you can conduct a breath test

Answer 8

Section 68(1)(a)
Any driver of a motor vehicle on any road OR
Any person attempting to drive a motor vehicle on any road
Section 68(1)(b)
Any person you have GCTS has recently committed an offence against road safety provisions of the LTA that involves driving a motor v
Section 68(1)(c)
A driver of a motor vehicle involved in a motor accident OR
Where the driver is not known you have GCTS passengers in a vehicle involved in a motor accident

Question 9

What you have to say for a breath screening test

Answer 9

I require you to undergo a breath screening test without delay

Question 10

Results of BST

Answer 10

“PASS” indicates negative result
“UNDER 250” contains alcohol but does not exceed 249mcg/l
“250+OVER” exceeds 250mcg/l but not 400mcg/l
“OVER 400” exceeds 400mcg/l

Question 11

You are entitled to regard a driver under 20 if?

Answer 11

Driver licence shows under 20
Licence they produce is over but you believe- it is not their own
Fails to produce licence and cannot satisfy by other means

Question 12

Require to accompany situations

Answer 12

• They fail or refuse
• No device available after diligent effort to obtain
• Person over 20 result over 400
• Person under 20 result is under 250 or above

Question 13

What you have to say for require to accompany

Answer 13

I now require you to accompany me to the ……. Police station or other such place for the purpose of an evidential breath test, blood test or both

Question 14

Once required to accompany they are now detained what must you say?

Answer 14

You have the right to remain silent
You do not have to make any statement
Anything you say will be recorded and may be given in evidence in court
You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions
Police have a list of lawyers you may speak to for free

Question 15

Contacting a lawyer

Answer 15

If person has a cellphone and wants to ring their lawyer let them give them privacy
High court ruled 5 mins sufficient time to wait

Question 16

Refusal to accompany

Answer 16

Warn them that they may be arrested for failing to accompany you but that if they are arrested bail will be considered

Question 17

Search powers

Answer 17

Detained or arrested

Sec 85 SS 2012 use RAN

Question 18

Evidential breath test what must you say?

Answer 18

I now require you to undergo an evidential breath test without delay

Question 19

How many times can you try EBT

Answer 19

Three times then go to blood

Question 20

If driver has positive results on EBT they can elect blood how long do they have to decide

Answer 20

You must give the driver 10 mins to decide. Always allow 12mins
Do not advise driver on what to do

Question 21

Start the blood test procedure if?

Answer 21

EBT unavailable
Refuses or fails to undergo EBT
Incomplete
Driver elects

Question 22

EBA offences

Answer 22

Sec 59(1)(a)
Fails or refuses to remain at side of the road BST

Sec 59(1)(b)
Fails or refuses to accompany

Sec 59(1)(c)
Accompanied but then fails or refuges to remain at place of test 

Sec 60(1)(a)
Fails or refuses blood required to by enforcement officer

Sec 60(1)(b)
Fails or refuses blood to a medical practitioner or authorised person

Question 23

Power to arrest

Answer 23

Sec 120(1)(a) LTA 1998

Question 24

Mandatory suspension of licence for 28 days

LTA sec 95

Answer 24

Been found to have:
Over 650mcg breath
Over 130mg blood
Over 400mcg breath and convicted of relevant offence within four years
Over 80mg blood and convicted of relevant offence within four years

Failed or refused blood

Question 25

Mandatory impoundment of vehicle for 28days

LTA sec96

Answer 25

Been found to have:
Over 400mcg and two or more convictions in last 4 years
Over 80ml and two or more convictions in last 4 years

Failed or refused blood and two or more convictions in last 4 years

Question 26

Hospital blood procedures

Answer 26

Exemption from BST however blood can be taken

Blood may be taken without consent

Question 27

Conditions for taking blood

Answer 27

Have RGTS result of motor vehicle accident
Not prejudicial to proper care and treatment
Tell the person blood taken for evidential purposes unless unconscious then notice given as soon as practicable