EBA procedures Flashcards

1
Q

What are the upper and lower limits of a breath test for someone 20 years or older?

A

Upper limit - 400

Lower limit - 250

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2
Q

What is the punishment if someone over 20 blows between 251 and 400?

A

50 demerits and a fine

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3
Q

What are the upper and lower limits of a blood alcohol test?

A

Upper limit - 80

Lower limit - 50

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4
Q

What is the punishment if someone’s blood levels are between 50 and 80?

A

50 demerits and an fine

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5
Q

What is the allowed limit for someone under 20?

A

Nil

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6
Q

If a person under 20 blows less than 150 or has a result of less than 30 in their blood - what is the punishment?

A

50 demerits and a fine

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7
Q

When is someone under 20 years charged the same as someone over 20 years?

A

Blow 400 or more

80 or more in blood

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8
Q

What are the 5 scenarios in which we can conduct a breath test?

A
  1. Any driver driving a motor vehicle on any road.
  2. Any person attempting to drive a motor vehicle on any road.
  3. Any person you have GCS has committed an offence against the LTA act 1998
  4. Any driver of a motor vehicle in an accident.
  5. Driver not know, GCS passengers involved in a motor vehicle accident.
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9
Q

What is the purpose of a passive test?

A

Establish the presence of alcohol

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10
Q

When can you arrest someone?

A
  1. They fail/refuse to remain for result of BST
  2. They refuse to accompany
  3. Fail/refuse to remainder result of EBT
  4. Refuse blood sample from enforcement officer
  5. Refuse blood sample from medical practitioner.
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11
Q

When do you carry out an EBT?

A
  1. The person is 20 years or older and they have blown 250+

2. Under 20 and they have blown anything at all.

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12
Q

What are we required to do when we take someone for an EBT, what must we do?

A
  • Inform them of their rights
  • We can also search them under section 85 of the Search and surveillance act.
  • Can also take keys under section 121 of land transport act
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13
Q

They must be able to speak to a lawyer in…

A

Private

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14
Q

What must we also say to someone if we are warning them that they may be arrested?

A

They may also be considered for bail.

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15
Q

How long are we required to give people to establish contact with a lawyer?

A

5 minutes?

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16
Q

If an EBT is completed and comes back as a positive result, how long do we allow people to decide if they would like to do a blood test?

A

10 minutes

17
Q

Who is unable to elect a blood test?

A

Over 20 years old with a EBT result of 251 - 400mcg

18
Q

When would you suspend someone’s license for 28 days?

A
  1. ) Breath test over 650
  2. ) Blood test over 130
  3. ) Breath test over 400 and any relevant conviction in the last 4 years
  4. ) Blood test over 80 and any relevant conviction in the last 4 years
  5. ) Failed or refused a blood test at request of an enforcement officer or medical personnel at a hospital.
19
Q

What are the positive results for an EBT?

A

Over 20 years - Over 400

Under 20 years - Over 150

20
Q

Drink drivers will only be arrested when…

A
  1. If necessary to complete breath/blood alcohol tests
  2. Believe on reasonable grounds they are a risk to public safety by driving while impaired by alcohol.
  3. Doubt about drivers identity
  4. Doubt about locating them to serve summons.
  5. Ensure appearance in court.
21
Q

When must you impound a vehicle for 28 days?

A
  1. They have produced a breath alcohol of more than 400 and they have had 2 relevant convictions in the last 4 years.
  2. They have a blood alcohol of more than 80 and they have 2 relevant offences in the last 4 years.
  3. They fail/refuse to provide a blood sample for an enforcement or medical officer at hospital and have 2 or more relevant convictions in the last 4 years.
22
Q

What is a positive result for blood to summons?

A

Over 20 - Over 80

Under 20 - Over 30