EBA procedures Flashcards
What are the upper and lower limits of a breath test for someone 20 years or older?
Upper limit - 400
Lower limit - 250
What is the punishment if someone over 20 blows between 251 and 400?
50 demerits and a fine
What are the upper and lower limits of a blood alcohol test?
Upper limit - 80
Lower limit - 50
What is the punishment if someone’s blood levels are between 50 and 80?
50 demerits and an fine
What is the allowed limit for someone under 20?
Nil
If a person under 20 blows less than 150 or has a result of less than 30 in their blood - what is the punishment?
50 demerits and a fine
When is someone under 20 years charged the same as someone over 20 years?
Blow 400 or more
80 or more in blood
What are the 5 scenarios in which we can conduct a breath test?
- Any driver driving a motor vehicle on any road.
- Any person attempting to drive a motor vehicle on any road.
- Any person you have GCS has committed an offence against the LTA act 1998
- Any driver of a motor vehicle in an accident.
- Driver not know, GCS passengers involved in a motor vehicle accident.
What is the purpose of a passive test?
Establish the presence of alcohol
When can you arrest someone?
- They fail/refuse to remain for result of BST
- They refuse to accompany
- Fail/refuse to remainder result of EBT
- Refuse blood sample from enforcement officer
- Refuse blood sample from medical practitioner.
When do you carry out an EBT?
- The person is 20 years or older and they have blown 250+
2. Under 20 and they have blown anything at all.
What are we required to do when we take someone for an EBT, what must we do?
- 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
They must be able to speak to a lawyer in…
Private
What must we also say to someone if we are warning them that they may be arrested?
They may also be considered for bail.
How long are we required to give people to establish contact with a lawyer?
5 minutes?
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?
10 minutes
Who is unable to elect a blood test?
Over 20 years old with a EBT result of 251 - 400mcg
When would you suspend someone’s license for 28 days?
- ) Breath test over 650
- ) Blood test over 130
- ) Breath test over 400 and any relevant conviction in the last 4 years
- ) Blood test over 80 and any relevant conviction in the last 4 years
- ) Failed or refused a blood test at request of an enforcement officer or medical personnel at a hospital.
What are the positive results for an EBT?
Over 20 years - Over 400
Under 20 years - Over 150
Drink drivers will only be arrested when…
- If necessary to complete breath/blood alcohol tests
- Believe on reasonable grounds they are a risk to public safety by driving while impaired by alcohol.
- Doubt about drivers identity
- Doubt about locating them to serve summons.
- Ensure appearance in court.
When must you impound a vehicle for 28 days?
- They have produced a breath alcohol of more than 400 and they have had 2 relevant convictions in the last 4 years.
- They have a blood alcohol of more than 80 and they have 2 relevant offences in the last 4 years.
- 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.
What is a positive result for blood to summons?
Over 20 - Over 80
Under 20 - Over 30
