RP02: EBA

Question 1

Under Section 68 when can you perform a breath test?

Answer 1

1. Any driver any time
2. Any driver attempting to drive
3. GCTS recently committed an offence against LTA
4. Any driver involved in an accident
5. Driver unknown in accident. GCTS passengers involved

Question 2

How many attempts do you have for a EBT?

Answer 2

maximum 3

Question 3

Drink drivers will generally only be arrested for what reasons?

Answer 3

1. Necessary to complete breath/blood tests
2. Believe they’re a risk to public
3. Doubt of identity
4. Doubt they will be able to be located for summons
5. To ensure they appear in court

Question 4

When must you suspend someone’s licence for EBA?

Answer 4

1. breath alcohol over 650mcg
2. blood alcohol over 130mg
3. breath alcohol over 400mcg AND any previous relevant convictions
4. bloody alcohol over 80mg AND any previous relevant convictions
5. failed or refused blood test

Question 5

When must you impound a vehicle for EBA?

Answer 5

1. Breath alcohol over 400mcg AND 2 previous convictions in the last 4 years
2. Blood alcohol over 80mg AND 2 previous convictions in the last 4 years
3. Failed or refused blood test AND 2 previous convictions within 4 years

Question 6

Limits and Penalties for adults EBA

Section 56

Answer 6

Exceeds 400mcg or Exceeds 80mg
3 month prison, $4500 or both, disqualified 6 months
(3rd offence, 2year’s prison, $6000, disq 1 year)

Exceeds 250mcg or Exceeds 50mg
$200 fine, 50 demerits

Question 7

Penalty for adults driving under the influence of drugs?

Answer 7

1st or 2nd offence= 3 months prison, $4500 or both. Disqualified 6 months

3 or more offences= 2 years prison, $6000 fine, over 1 year disqualification

Question 8

Limits and Penalties under 20’s for EBA

Section 57

Answer 8

Exceeds 150mcg or Exceeds 30mg
-3 month prison, 3 month disqualification or $2250 fine

Under 150mcg or Under 30mg
-$200, 50 demerits

Question 9

Can someone under 18 face the full penalties of EBA?

Answer 9

No charging document is issued. Forward file to Youth Aid Services

Question 10

When can a under 20 year old be charged as an adult?

Answer 10

18-20 year olds will be charged as adults if they exceed 400mcg or 80mg

Question 11

Arrestable offences during EBA process?

What section can you arrest under?

Answer 11

Section 120 (1)(a) LTA

1. Fails or refuses to remain
2. Fails or refuses to accompany
3. Fails or refuses to give blood when required by enforcement officer or medical practitioner

Question 12

Exact words to use when performing a BST

Answer 12

“I now require you to undergo a breath screening test without delay”

Question 13

Exact words to use when asking someone to accompany you for a EBT

Answer 13

“I now require you to accompany me to ___police station for the purposes of an evidential breath test, blood test or both”

CAUTION RIGHTS

Question 14

When arrested for EBA related offences what should someone be advised of?

Answer 14

Caution Rights AND advise that bail will be considered

Question 15

Briefly explain EBA process

Answer 15

• Passive test
• BST (Verify Age)
• Require to accompany (Caution, search, lawyer, 121)
• EBT
• 10 minutes period (adults over 400)
• Blood Test

Question 16

In what circumstances should you do a blood test?

Answer 16

1. EBT is unavailable
2. EBT is refused
3. ‘Incomplete’ EBT result
4. Driver elects to do a blood test