EBA Flashcards
What happens if an over 25 year old blows between 250-400 mcg?
ION (infringement offence notice)- and they can’t elect blood
What happens if a 19 year old blows between 1-150mcg?
ION (infringement offence notice)- they can elect for blood test
When can you suspend their licence for 28 days under section 95?
- 650mcg breath/ 130 blood
- 400 mcg breath + 2 relevant offences in past 4 years
- over 80 blood + 2 relevant offences in past 4 years
- refuses blood test
When can you suspend their car for 28 days under section 96?
- > 400mcg breath + has two previous convictions of relevant offence in last 4 years
- > 80mg blood + has two previous convictions of a relevant offence in last 4 years
- failed/ refused blood + 2 previous convictions for related offence in last 4 years
When can you arrest for blood/ alcohol test
- fails or refuses to remain
- fails or refuses to accompany
- fails or refuses to give blood at officers request
- fails or refuses to give blood at medical practitioners request
What’s the process when you pull someone over for random breath test and they refuse the whole way.
Passive test.
Breath screening test.
Required to accompany. (Can arrest here)
Evidential breath test.
Evidential blood test.
What do the results of Breath screening test mean?
- Pass= they leave
- Under 250= over 20 years they leave
- over 250= require to accompany
- over 400= require to accompany
Steve is 21 years old. He has been pulled over, complies with a passive breath test and fails. He then refuses all other processes. What do you do?
Offer breath screening. Required to accompany. Warn about arrest. Arrest in order to accompany for evidential breath test. Continue process from here.
If continue to refuse charge with refusing blood test and suspend licence for 28 days.
What happens if blood test comes back between 50-80mg?
ION
What happens for adult if blood test comes back under 50mg?
can go free.
What happens if blood test comes back over 80mg?
Suspend license. Serve summons.
What happens if a 19 year old blood test comes back between 1-30mg?
ION
What happens if a 19 year old blood test comes back over 30 mg?
Summons