EBA Procedures

Question 0

When can you conduct and initial breath screening test and under what sections?

Answer 0

68(1)(a)
Any driver on a road or attempting to drive

68(1)(b)
Any person you have GCTS has recently committed an offence under LT Act that involves a m.vehicle

68(1)(c)
Driver involved in accident or where driver is NOT known and you have GCTS passenger is involved in accident

Question 1

What are the basic drinking offences and alcohol limits?

Answer 1

S56(1) exceeds 400mcg of alc. per liter if breath (3mths/$4500-6 mth disqual.)

S56(2) exceeds 80mgm of alc. per 100ml of blood(3mth/$4500-6 mth disqual)

S58 under influence of drink/drug or both

S57(1) under 20 exceeds 150mcg breath (3mth/$2250- 3mth disqual)

S57(2) under 20 exceeds 30mgm blood (3mth/$2250- 3mth disqual)

S57(1)A under 20 does NOT exceed 250mcg breath =infringement fee $200 and 50 demerit points

S57(2)A under 20 does NOT exceed 30mgm blood = $200 and 50 demerit points

Question 2

Explain PASSIVE BREATH TEST:

Answer 2

Using the Drager 6510(Sniffer)

1. Intro. self, advise you are conducting test to establish presence of alcohol on breath
2. Turn “on” and should say “ready” 50mm from mouth and ask to state full name and address.
3. Will read “ALCOHOL” or “ NO ALCOHOL” - proceed to BST if the latter.

Question 3

Explain BREATH SCREENING TEST:

Answer 3

Attach mouthpiece (don’t contaminate)

You MUST say:

I REQUIRE YOU TO UNDERGO A BREATH SCREENING TEST WITHOUT DELAY

Then continuous long breath (if displays “no alcohol” means “ok” was pressed)

Should read:
"PASS"
"UNDER 250" (Amber light)
"250 + OVER" (Amber & red flashg)
"OVER 400" (red light)

Question 4

When are you able to regard a driver as Under 20 years of age?

Answer 4

1. Driver licence indicates under 20

2. Show licence being over 20 BUT
    you believe
    -licence is not theirs
    - licence is invalid
    - person is under 20

3. Person fails to produce licence and cannot satisfy you by some other means they are over 20

Question 5

When can you require a person to accompany you for a evidential breath test, blood test or both?

Answer 5

1. Fails or refuses breath screening 
    test
2. No BST available
3. If 20 yrs or over BST reads "over
    400"
4. If person under 20 reads 
    "UNDER 250"
    "250+OVER"
    "OVER 400"

Question 6

What are you required to state when you require someone to accompany you?

Answer 6

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 7

When MUST you inform the person of their rights/caution when requiring them to accompany you for EBT, blood or both?

Answer 7

Immediately after statement requiring them to accompany you( because you are detaining them) and when at the station before test and immediately after the results of EBT

Question 8

What must you say before conducting EVIDENTIAL BREATH TEST?

Answer 8

I NOW REQUIRE YOU TO UNDERGO AN EVIDENTIAL BREATH TEST WITHOUT DELAY

Question 9

Explain what happens if the Evidential Breath Test is positive:

Answer 9

Read the require form

RIGHTS/ CAUTION

Advise of 10 MINUTE PERIOD (after form form has been read and they have or chose not to speak with their lawyer they have 10min to decide whether to take blood test. Give 12min to be sure) and do NOT advise driver of what to do.

Question 10

What is a Police Summons?

Answer 10

Usually used when a person accepts an EBT reading and is not arrested.
Allows police to summons driver to date not more than 2 mths from that time( only applies to EBT)
Do not summons under 17 yrs.

Question 11

When should you start blood test procedures?

Answer 11

1. EBT is unavailable
2. Driver fails or refuses to undergo
   EBT
3. Incomplete
4. Positive result returned and
   driver elects blood sample

Question 12

Explain when there is a mandatory suspension of licence:

Answer 12

1. Breath alcohol over 650mcg
2. Blood alcohol over 130mgm
3. Breath alcohol over 400mcg (if
   another related offence
4. Blood alcohol over 80mgm(if
   another related offence)
5. Fail or refuse blood

Question 13

What are the arrestable EBA offences?

Answer 13

59(1)(a)
Fails or refuses to remain before result confirmed

59(1)(b)
Fails or refuses to accompany for EBT, blood or both

59(1)(c)
Having accompanied refuses at place test is to be taken

60(1)(a)blood test- fails or refuses
eg. EBT device unavailable, requests blood but refuses after form has been read to them

Question 14

What is the Power of Arrest for EBA?

Answer 14

Section 120(1)(a) Land Transport Act 1998

Question 15

What is Section 58 of the Land Transport Act 1998?

Answer 15

Section 58: Driver attempts to drive under the influence

Question 16

What must you do with regards to contacting a lawyer?

Answer 16

1. If they have cell phone allow them I ring lawyer immediately
2. Give them privacy considering likelihood of escape and safety