EBA Flashcards
Section 56(1)
Breath Test 20 and Over
EBA
Exceeds 400mcg of alcohol per litre of BREATH
3 months/$4,500 or both disqualified 6 months
Section 56 (1A)
Breath Test 20 and Over
EBA
Exceeds 250mcg but does not exceed 400mcg of alcohol per litre of breath
Infringement fee $200.00
Demerit points 50
Section 56 (2)
Blood Test 20 and Over
EBA
Exceeds 80mg of alcohol per 100ml of BLOOD
3 months/$4,500 or both disqualified 6 months
Section 56 (2A)
Blood Test 20 and Over
EBA
Exceeds 50mg but does not exceed 80mg of alcohol per 100ml of BLOOD
Infringement fee $200.00
Section 56 (2B)
Blood Test 20 and Over
EBA
Exceeds 50mg but does not exceed 80mg of alcohol per 100ml of BLOOD
Taken from the person who has failed or refused to undergo an evidential breath test
Section 58
Drink, Drugs or Both
20 and Over
EBA
Under influence of drink OR drug OR both
To such an extent as to be incapable of having PROPER CONTROL of the vehicle
3 months/$4,500 or both disqualified 6 months
Section 57 (1)
Breath Test Under 20
EBA
Exceeds 150mcg of alcohol per litre of BREATH
3 months/$2,250 disqualified 3 months
* For a youth under 17 years, no charging document is issued. Forward the file to Youth Aid Section
Section 57 (2)
Blood Test Under 20
EBA
Exceeds 30mg of alcohol per 100ml of BLOOD
3 months/$2,250 disqualified 3 months
* For a youth under 17 years, no charging document is issued. Forward the file to Youth Aid Section
Section 57 (1A)
Breath Test Under 20
EBA
Does NOT exceed 150mcg of alcohol per litre of BREATH
Infringement fee $200.00
Demerit points 50
Section 57 (2A)
Blood Test Under 20
EBA
Does NOT exceed 30mg of alcohol per 100ml of BLOOD
Infringement fee $200.00
Demerit points 50
EBA
Before commencing BST say
“I require you to undergo a breath screening test without delay.”
EBA
If the driver has to accompany you for a breath test, blood test or both you say..
“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.”
Then caution rights followed by
“These rights will continue throughout the breath or blood alcohol testing procedures.”
“If you wish to speak to a lawyer a telephone will be made available toyou for that purpose as soon as practicable. You will be allowed a reasonable time to consult and instruct a lawyer from the time a telephone is made available to you.”
Section 60(1)
EBA
Failed or refused a blood test
Section 61(1)
EBA
Caused death or injury with EBA
Section 61(2)
EBA
Caused death or injury while incapable
