Excess Breath Alcohol Flashcards
Under Section 95 of the Land Transport Act 1998, there is a mandatory 28 day suspension of drivers licence in certain circumstances, if an enforcement officer believes on reasonable grounds that the person has:
- ) Been found to have breath alcohol over 650 mcg of alcohol per litre of breath
- ) Been found to have blood alcohol over 130mg of alcohol per 100ml of blood
- ) Been found to have breath alcohol over 400mcg of alcohol per litre of breath and has been convicted for any ‘relevant offence’ within the last four years.
- ) Been found to have blood alcohol over 80mg of alcohol per 100ml of blood and has been convicted for any ‘relevant offence’ within the last four years
- ) Failed or refused a blood test under section 72 or section 73 of this Act: at the request of an enforcement officer or authorised medical person, or at hospital
Drivers 20 years and over.
Exceeds 400mcg of alcohol per litre of breath, what are the charges ?
- 3months imprisonment
- $4,500 or both
- disqualified 6 months
3rd offence
- 2 years prison, $6,000 fine
disqualified more than 1 year
Drivers 20 years and over.
Exceeds 250mcg but does not exceed 400mcg of alcohol per litre of breath, what are the charges ?
Infringement notice - $200.00
50 demerits
Drivers 20 years and over.
Exceeds 80mg of alcohol per 100ml of blood.
What are the charges ?
- 3months imprisonment
- $4,500 or both
- disqualified 6 months
3rd offence
- 2 years prison, $6,000 fine
disqualified more than 1 year
Drivers 20 years and over.
Exceeds 50mg but does not exceed 80mg of alcohol per 100ml of blood.
What are the charges ?
Infringement notice - $200.00
50 demerits
Drivers under 20 years.
Exceeds 150mcg of alcohol per litre of breath, what are the charges ?
- 3 months/$2,250
disqualified 3 months
Drivers under 20 years.
Exceeds 30mg of alcohol per 100ml of blood.
What are the charges ?
- 3 months/$2,250
disqualified 3 months
Drivers under 20 years.
Does not exceed 30mg of alcohol per 100ml of blood.
What are the charges ?
Infringement notice - $200.00
50 demerits
Drivers under 20 years.
Does not exceeds 150mcg of alcohol per litre of breath, what are the charges ?
Infringement notice - $200.00
50 demerits
What are the 5 situations when you can require a person to undergo a breath screening test without delay ?
- ) Any driver of a motor vehicle on any road
- ) Any person attempting to drive a motor vehicle on any road
- ) Any person you have good cause to suspect has recently committed an offence against road safety provisions of the LTA that involves the driving of a motor vehicle
- ) A driver of a motor vehicle involved in a motor accident
- ) Where the driver is not known you have good cause to suspect passengers in a vehicle involved in a motor accident.
What does Section 68 of the Land Transport Act 1998 give us ?
- The power to use a passive breath test device
- Gives an enforcement officer the power to require a breath screening test from a driver of a motor vehicle.
What must you say to get someone to undergo a BST ?
” i require you to undergo a breath screening test without delay “
- Cannot arrest for failing to do a BST, can only arrest for failing to remain for the BST
What are the steps for an EBA ?
- ) Passive
- ) BST ( breath screening test )
- ) EBT ( Evidential breath test )
- ) Blood
- ) Outcome / Result / Action
When can you arrest under an EBA ?
- Fails to remain for the BST
- Fails to accompany
- Fails to give enforcement officer bloods
- Fails to give medical practitioner bloods
What tests are done at the road side ?
- Passive
- BST
