EBA

Question 1

Section 56(1) Land Transport Act

Answer 1

Drives or attempts to drive while proportion of alcohol in persons BREATH as ascertained by an evidential breath test exceeds 400mcg of alcohol per litre of BREATH

3 months/$4500 or both, disqualified 6 months

3rd offence: 2 years prison, $6000 fine, disqualified more than 1 year

Question 2

Section 56 (1A) Land Transport Act

Answer 2

Drives or attempts to drive while proportion of alcohol in persons BREATH as ascertained by an evidential breath test subsequently undergone by the person exceeds 250mcg but does not exceed 400mcg of alcohol per litre of breath

Infringement fee $200
Demerit points 50

Question 3

Section 56 (2) Land Transport Act

Answer 3

Drives or attempts to drive while proportion of alcohol in persons BLOOD as ascertained from an analysis of a BLOOD SPECIMEN subsequently taken from the person exceeds 80mg of alcohol per 100ml of BLOOD

3 months/$4500 or both, disqualified 6 months

3rd offence: 2 years prison, $6000 fine, disqualified more than 1 year

Question 4

Section 56 (2A) Land Transport Act

Answer 4

Drives or attempts to drive while proportion of alcohol in persons BLOOD as ascertained from an analysis of a BLOOD SPECIMEN subsequently taken from the person exceeds 50mg but does not exceed 80mg of alcohol per 100ml of BLOOD

infringement fee $200
Demerit points 50

Question 5

Section 56 (2B) Land Transport Act

Answer 5

Drives or attempts to drive while proportion of alcohol in persons BLOOD as ascertained from an analysis of a BLOOD SPECIMEN subsequently taken from the person who has failed or refused to undergo an evidential breath test exceeds 50mg but does not exceed 80mg of alcohol per 100ml of BLOOD

Infringement fee $700
Demerit points 50

Question 6

Section 58 Land Transport Act

Answer 6

Drives or attempts to drive under influence of drink OR drug OR both to such an extent as to be incapable of having PROPERLY CONTROL of the vehicle

3 months/$4500 or both, disqualified 6 months

3rd offence: 2 years prison, $6000 fine, disqualified more than 1 year

Question 7

Section 57(1) Land Transport Act

Answer 7

Being a person who is under 20 years of age, drives or attempts to drive while proportion of alcohol in persons BREATH as ascertained by an evidential BREATH TEST subsequently undergone by the person exceeds 150mcg of alcohol per litre of BREATH

3 months/$2250, disqualified 3 months

For a youth under 18 years, no charging document is issued. Forward the file to Youth Aid Section

Question 8

Section 57(2) Land Transport Act

Answer 8

Being a person who is under 20 years of age drives or attempts to drive while proportion of alcohol in persons BLOOD as ascertained from an analysis of a BLOOD SPECIMEN subsequently taken from the person exceeds 30mg of alcohol per 100ml of BLOOD

3 months/$2250, disqualified 3 months

For a youth under 18 years, no charging document is issued. Forward the file to Youth Aid Section

Question 9

Section 57 (1A) Land Transport Act

Answer 9

Being a person who is under 20 years of age, drives or attempts to drive, while proportion of alcohol in persons BREATH as ascertained by an evidential BREATH TEST subsequently undergone by the person does NOT exceed 150mcg of alcohol per litre of BREATH

infringement fee $200
Demerit points 50

Question 10

Section 57 (2A) Land Transport Act

Answer 10

Being a person who is under 20 years of age, drives or attempts to drive, while proportion of alcohol in persons BLOOD, as ascertained from an analysis of a BLOOD SPECIMEN subsequently taken from the person does NOT exceed 30mg of alcohol per 100ml of BLOOD

infringement fee $200
Demerit points 50