RP02 - EBA Flashcards
EBA roadside procedure
- Stop vehicle S114 LTA/Details
- Passive Breath Test detect alcohol (pass or fail)
- Obtain Age
- Breath Screening Test “I require you to undergo a breath screening test without delay”
- Require to accompany + BOR + SASA S85
- Consent to Evidential Breath Test (if refuse arrest)
- Written BOR + Provide BOR opportunity
- Roadside Evidential Breath Test + POL515 (2 results)
(If accepts EBT use S121) - Elects Blood, you go by this result and not EBT
Identify the breath alcohol limits for adult and youth
- U20 = No Alcohol
- 20+ = 251+
- Zero Alcohol Licence = No Alcohol
- Alcohol Interlock Licence = No Alcohol
Driver refusing/failing to provide a breath or blood alcohol sample
If the person refuses to accompany you, WARN them that they may be arrested FAILING TO ACCOMPANY If the person still refuses, ARREST them return to the police station and carry on with the EBT procedure.
Whatever the outcome of the test, the driver will face a charge of failing or refusing to accompany.
Ten-minute period
After explaining advice of Positive EBT AND driver has spoken to a lawyer (or chosen not to), the driver gets 10 mins to decide whether to have a blood sample taken. It is now common practice to give 12 minutes, then
it cannot be disputed that only nine and a half minutes were given.
Arrestable EBA Offences
- Fails/refuses to remain S59(1)(a)
- Fails/refuses to accompany S59(1)(a)
- Fails/refuses to give blood when required by enforcement officer S60(1)(a)
- Fails/refuses blood when requested by a medical practitioner S60(1)(a)
Power to arrest = S120(1)(a) LTA 98
SECTION 95 LTA 98
Mandatory 28 day suspension of drivers licence in certain circumstances;
- Breath alcohol over 650mcg of alcohol per litre of breath.
- Blood alcohol over 130mg of alcohol per 100ml of blood.
- Breath alcohol over 400mcg and has been convicted for any ‘relevant offence’ within the last four years.
- Blood alcohol over 80mg 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.
SECTION 96 LTA 98
Vehicle seized and impounded for 28 days in certain circumstances;
- breath alcohol over 400mcg AND 2 previous convictions within 4 years
- blood alcohol over 80mg per 100ml AND 2 previous convictions within 4 years
- Failed/Refused blood test under S 72 or 73
Relevant Offences
The ‘relevant offences’ are:
- SECTION 56 being a person 20+ years
(1) excess breath alcohol >400
(2) excess blood alcohol >80 - SECTION 57 being a person under 20 years
- S57 (only a relevant offence for section 96)
- S57A
- S58(1) incapable of proper control- under the influence of drink or drug
- S60(1) failed or refused to give blood
- S61(1) caused death or injury with EBA
- S61(2) caused death or injury while incapable.
Youth-level convictions do not count as relevant offences
Passive Breath Testing
A passive test is used to detect the presence of alcohol on a drivers breath and holds no evidential value.
Breath Screening Test (BST)
“I require you to undergo a breath screening test without delay”
- PASS = no alcohol
- UNDER 250 = breath contains alcohol but is under limit
- 250+ OVER = breath equals or exceeds 250mcg but not exceed 400mcg (EBT if 20+yrs)
- OVER 400 breath exceeds 400mcg (EBT 20+yrs)
Blood Test
- if EBT is unavailable
- Driver refuses or fails to undergo EBT
- Incomplete result
- Positive result and driver elects to have blood sample
SECTION 68 LTA
Power to require breath screening test from a driver of a MV / driver involved in an accident
Exemptions from BST
Under section 68(2), an enforcement officer cannot require a person who is in a hospital, ambulance or a doctor’s surgery as a result of an accident involving a motor vehicle to undergo a breath-screening test.
Power to obtain blood:
Section 73
The power for this is in section 73.
The sample can be taken by:
- medical practitioner who is in immediate charge of treatment of the person, or
- another registered medical practitioner or a medical officer
Consent must be given if conscious however can be charged with S60 if refusing.
Conditions for taking blood
(a) RGTS the person is in the surgery/hospital
as a result of an accident involving a motor vehicle; and
(b) be satisfied that the taking of a blood specimen would not be prejudicial to the person’s proper care and treatment; and
(c) tell the person (unless the person is unconscious) the blood specimen is being taken under this section for evidential purposes (s73(5) LTA 1998).
