RP02 EBA

Question 1

Under section 57 (1) and (2)of the LTA 1998, a person under 20 who drives or attempts to drive with an evidential breath test reading of over 150mcg per litre of breath or over 30 mg of alcohol per 100ml of blood, what is the penalty?

Answer 1

3 months prison/$2250 fine

Disqualified 3 months.

Question 2

Under section 57 (1A) and (2A)of the LTA 1998, a person under 20 who drives or attempts to drive with an evidential breath test reading of under 150mcg per litre of breath or under 30 mg of alcohol per 100ml of blood, what is the penalty?

Answer 2

$200 infringement fee and 50 demerits.

Question 3

What happens if a person under 20 records a EBT of over 400mcg per litre of breath or over 80mcg per 100ml of blood?

Answer 3

The person is charged under section 56 as an adult.

Question 4

What are the five situations that you can require a person to undergo a breath screening test without delay?

Answer 4

Any driver of a motor vehicle on any road (random stopping).

Any person attempting to drive any motor vehicle on any road.

Any person you have good cause to suspect has recently committed an offence against the LTA 1998 that involves driving a motor vehicle.

Any driver of a motor vehicle involved in an accident.

Where the driver is not known and you have good cause to suspect passengers in a motor vehicle involved in a motor accident.

Question 5

Briefly show the main steps of the EBA procedure from start to finish.

Answer 5

Passive Breath test

Obtain age

Breath screening test

Require to accompany

Evidential Breath test

Blood test

Summons if applicable, Section 121 and 95/96

Question 6

What can the results of a passive breath test be?

Answer 6

Alcohol or No alcohol.

Question 7

If alcohol is present after a passive breath test, what are you required to say to the driver?

Answer 7

I require you to undergo a breath screening test without delay.

Question 8

What the are the four possible outcomes of a breath screening test and what do they mean for a 20+?

Answer 8

PASS - no alcohol
UNDER 250 - ok to go
250+ OVER - onto EBT, require to accompany
400+ OVER - onto EBT, require to accompany

Question 9

If a under 20 driver, alcohol interlock driver or no alcohol driver has a BST result of UNDER 250, 250+ or 400+ then what is the next step?

Answer 9

EBT, require to accompany

Question 10

What must you say to the driver when requiring to accompany?

Answer 10

I now require you to accompany me to the station/booze bus/car for the purpose of an evidential breath test, blood test or both.

Question 11

What else must you do when requiring to accompany?

Answer 11

The driver is detained so you must advise them of rights caution and also section 85 search after advising them RAN.

Question 12

What is the form used for EBA called?

Answer 12

POL515.

Question 13

What can you if the person refuses or fails to accompany you?

Answer 13

Arrest for Failure to Accompany.

Question 14

What must you do before an EBT?

Answer 14

I now require you to undergo an evidential breath test without delay.

Question 15

What do you do if the driver refuses to do an evidential breath test?

Answer 15

Request them to take a blood test.

Question 16

How many successful EBT’s must you carry out?

Answer 16

Two

Question 17

Of the two EBT’s taken, what one is used?

Answer 17

The lowest score.

Question 18

What is the attempt limit of an EBT before requesting bloods?

Answer 18

No more than three attempts.

Question 19

What are the results for a failed EBT?

Answer 19

Under 20’s
0-150 mcg - infringement notice and demerits.
Over 150mcg - summons, S121

20 and over
251-400 - infringement notice and demerits
400+ - summons, S121

Question 20

After advising the driver of a failed EBT result, what option must you give them?

Answer 20

The option of electing for blood testing.

Question 21

How long is a driver allowed to decide if they want to elect blood testing?

Answer 21

10mins, but we give 12mins to be safe.

Question 22

If they do elect bloods what must you do next?

Answer 22

request a medical practitioner

Question 23

If they refuse bloods what do you do?

Answer 23

take the lowest score of the Evidential breath test

If 251mcg to 400mcg, issue infringement, Section 121 12 hours and demerits.

If over 400mcg, suspend license a for 28 days section 95 , section 121 12 hours forbid, summons.

If over 650 suspend licence

if they have refused breath aswell then you arrest for failure to give blood.

If over 400mcg per litre and convicted of 2 related offence in the last 4 years then can section 96 seize car too.

Question 24

If the medical practitioner arrives and the driver changes their mind and refuses to give blood, what do you do?

Answer 24

Arrest for failure to give blood.

Question 25

If blood is successfully taken, what do you do?

Answer 25

Package it and courier off to EST awaiting results, also section 121 forbid the driver to driver for 12 hours.

Question 26

If results come back with blood alcohol over 130mg per 100ml of blood, then what do you do?

Answer 26

summons, and section 95 suspend license.

if over 80mg per 100ml and two relevant offences in the last 4 years you can section 96 seize vehicle also.

Question 27

What are the four arrestable offences relating to EBA?

Answer 27

Failure to remain for the result of a breath screening test.

Failure to accompany

Failure to give blood when required by a law enforcement officer

Failure to give blood when requested by a medical practitioner.

Question 28

If someone refuses a passive breath test or breath screening test, what do you do?

Answer 28

Require them to accompany for an EBT, blood test or both.

If they still refuse, then arrest for failure to accompany.

Question 29

If some one accompanies you then refuses to undertake an EBT what can you do?

Answer 29

request blood test, if they refuse that, then arrest for failure to give blood when required to by a law enforcement officer.

Question 30

If you believe the driver is on drugs (illegal, Kava and prescription) and is incapable of having proper control of a vehicle, what can you do?

Answer 30

Drugs Compulsory impairment test, if the driver fails the CIT or refuses you can request blood.

Arrest under section 58 for clinical examination.
constable can also request blood if the medical practitioner believes the driver is under the influence or if the driver refuses to do the test.

If the driver refuses bloods then you can arrest under refusing to give blood.

Question 31

In what circumstances can we request a medical doctor to take blood from an unconscious person without consent.

Answer 31

Reasonable grounds to suspect they are in hospital as a result of a motor vehicle accident.

Question 32

Is a reading of 650 mcg per litre of breath on an EVT sufficient to evoke section 95?

Answer 32

no must be 651+ or over 650.

Question 33

If an under 20 records 400mcg per litre of breath or over 80mg per 100ml of blood what happens in regard to charging?

Answer 33

The under 20 year old is charged as an adult under section 56.

Question 34

What are the two EBA age brackets

Answer 34

Under 20.

20 years and over.