ROADS - Drink/Drug Driving

Question 1

Section 4 RTA 1988

Answer 1

A person who DRIVES or
ATTEMPTS TO DRIVE or
IS IN CHARGE
of a MECHANCICALLY PROPELLED VEHICLE
on a ROAD or other PUBLIC PLACE,
whilst unfit to drive through
drink or drugs
commits an offence

Question 2

Section 5 RTA 1988 - being over prescribed limit

Answer 2

A person who DRIVES
or
ATTEMPTS TO DRIVE
or
IS IN CHARGE of a MOTOR VEHICLE on a ROAD or other PUBLIC PLACE after consuming so much alcohol that the proportion of it in their breath, blood, urine exceeds the prescribed limit commits an offence

Question 3

Breath, Blood, Urine limits?

Answer 3

Breath – 35 microgames of alcohol in 100 millilitres of breath

Blood – 80 milligrams of alcohol in 100 millilitres of blood

Urine – 107 milligrams of alcohol in 100 millilitres of urine

Question 4

Section 5A RTA 1988 - drugs

Answer 4

Where a person DRIVES
or
ATTEMPTS TO DRIVE
or
IS IN CHARGE of a MOTOR VECHILE on a ROAD or other PUBLIC PLACE and there is in that person’s body a specified controlled drug, they are guilty of an offence if the proportion of drug in their blood or urine exceeds the specified limit for that drug

Question 5

Drug blood limits

Answer 5

Cocaine - 10 micrograms per litre

Cannabis - 2 microgrames per litre

Other drugs specified in the Regulations include:
Amphetamine – 250
Diazepam – 550
Ketamine – 20
Methylamphetamine – 10
Morphine - 80

Question 6

Section 6 RTA 1988

Answer 6

Requirement can be made if lawfully on private premises

Officer MUST be in uniform
If asked to leave then no longer lawfully on premises and no power to require will exist

Any subsequent requirement would be unlawful

Question 7

Section 6(2) RTA 1988

Answer 7

if a constable REASONABLY SUSPECTS that the person is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and has alcohol or a drug in his body or is under the influence of a drug

Question 8

Section 6(3) RTA 1988

Answer 8

if a constable REASONABLY SUSPECTS that the person HAS BEEN DRIVING, attempting to drive or in charge of a motor vehicle on a road or other
public place, while having alcohol or a drug in his body or while unfit to drive
because of a drug, and still has alcohol or a drug in his body or is still under the
influence of a drug

Question 9

Section 6(4) RTA 1988

Answer 9

if a constable reasonably suspects that the person is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place and has committed a traffic offence while the vehicle was in motion

Question 10

Section 6(5) RTA 1988

Answer 10

An accident occurs owing to the presence of a motor
vehicle on a road or other public place, and
a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident
an officer DOES NOT have to be uniform to carry out a test under this subsection
Reasonable belief’ requires more than ‘reasonable suspicion’

Question 11

SAM?

Answer 11

Suspect driver may be under the influence of alcohol/drugs

Accident occurs where the vehicle has been involved in a RTC

Moving traffic offence has been committed

Question 12

What are the 3 considerations before a preliminary test?

Answer 12

When did they last consume alcohol?

Have they used any ‘breath freshening’ sprays recently?

Have they smoked recently?

• will have to wait 20 minutes if they have

Question 13

Section 6(6) RTA 1988 - arrest

Answer 13

A person commits an offence if, without reasonable excuse, they
fail to co-operate with a
preliminary test in pursuance of a requirement imposed under this
Section

Question 14

Section 6D(1) RTA 1988 - powers of arrest

Answer 14

A constable may arrest a person without warrant
if, as a result of a preliminary breath test, the
constable reasonably suspects that the
proportion of alcohol in the person’s breath or
blood exceeds the prescribed limit

Question 15

Section 6D(2) RTA 1988 - powers of arrest

Answer 15

A constable may arrest a person without warrant if,

the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under Sec 6
and
the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug

Question 16

Who takes what swabs for drug or alcohol?

Answer 16

Blood will ALWAYS be taken by a DOCTOR – the POLICE SURGEON
The suspect MUST CONSENT to the blood being taken, otherwise it is an ASSAULT

Urine MAY be taken by a POLICE OFFICER
The suspect will be required to provide 2 SAMPLES within ONE HOUR. The first sample will be
discarded, and the second one used

Question 17

Section 6E RTA - 1988 - powers of entry

Answer 17

A constable may enter any premises, using reasonable force if necessary, in order to:

Require a person reasonably believed to have been driving, attempting to drive or in charge of a
motor vehicle at the time of the accident, to provide a preliminary test OR

Arrest a person who has provided a positive breath test/drug test OR

Arrest a person who has failed to co-operate with a requirement to take one or more of the preliminary tests and who the constable reasonably suspects has alcohol or a drug in their body or is under the influence of a drug