Impaired Driver

Question 1

What is the primary purpose of a PBT?

Answer 1

A Preliminary Breath Test is a screening device used by Police Members to indicate that someone has alcohol in their system at the time of driving. It doesn’t hold any evidentiary value and thus cannot be used to prosecute someone in a court of law.

Question 2

What are the circumstances when a PBT can be conducted?

Answer 2

• A person the member observes (or finds) driving a motor vehicle.
• A person the member finds “In charge” of a motor vehicle.
• The driver of a motor vehicle that has been required stop and remain at a Preliminary Breath Testing Station.
• A person who within the proceeding 3 hours was the driver, or person in charge of a motor vehicle, involved in an accident.
• Any occupant of a motor vehicle, who within the proceeding 3 hours, was involved in an accident where the identity of the driver has not been established.

Question 3

What elements would deem someone to be “in charge” of a motor vehicle?

Answer 3

A person who:

• Is attempting to start or drive a motor vehicle, or
• On reasonable grounds, intends to start or drive a motor vehicle.

Question 4

When is a person in the driver’s seat, deemed not to be in charge?

Answer 4

When they are asleep.

Question 5

What are the points of proof for a refusal offence (PBT)?

Answer 5

• identity
• drive/ in charge/ involved in an accident
• requested to undergo PBT
• prescribed device
• within 3 hours
• refused to comply