RP02: EBA/ driver/drunk/drug procedures

Question 1

20 years+

breath test max and section

Answer 1

section 56 1)
exceeds 400mcg /L of breath

3 month/$4500 or disqul 6 months

Question 2

20 years +

middle ground range breath test

Answer 2

section 56(1)(a)
exceeds 250mcg but less than 400mcg / L
$200 50 dimerits

Question 3

20 years+
penalty
blood test max and section

Answer 3

section 56(2)
3 months/$4500 or 6 months disqual
exceeds 80 mcg/ 100mL of blood

Question 4

20 years +

middle ground range blood test

Answer 4

section 56(2)(a)
$200 fine 50 demerits
50mcg to 80mcg/ 100mL of blood

Question 5

does not wish for breath test but has blood and result is :
exceeding 50mcg but less than 80mcg/ 100 mL of blood
section + penalty

Answer 5

section 56 (2)(b)
$700
50 demerits

Question 6

section 58

Answer 6

driver attempts to drive under to influence drunk, drugs or both
to an extent where they are unable to have proper control of the vehicle

Question 7

under 20 years
section
penalty
blood test max and section

Answer 7

section 57(2)
3 months/ $2250 3 months disqual
30mg/ 100mL of blood

• if u18 file to YAS

Question 8

under 20
section
penalty
breath test max and section

Answer 8

section 57(1)
3 months/ $2250 3 months disqual
exceeds 150mcg / L of breath

Question 9

under 20

less than 150mcg/L of breath penatly + section

Answer 9

section 57(2)(a)
$200 fine + 50 dermerits

Question 10

under 20
less than 30mg/ 100mL blood
penalty + section

Answer 10

section 57 (2)(a) 
$200 + 50 dermerits

Question 11

when / on who can you conduct a breath test

section

Answer 11

section 68
any driver or any vehicle (random stopping)
any person attempting the drive
any person you have good reason has committed a recent offence
a driver of vehicle involved in an accident
if driver is unknown can test all passengers

Question 12

name the situations in which a driver must accompany you for the purposes of undergoing an evidential breath test, blood test or both

Answer 12

• fails or refuses to blow
• no breath screening is availible
• 20+ and reads 250mcg/L or 400mcg/L or over
• less than 20yrs and reads and thing positive

Question 13

section 95

Answer 13

mandatory 28 day suspension of license

• excessive alcohol - 650mcg or 130mg
• over 400mcg and convicted of relevant offence IN LAST 4 YEARS
• refuses blood test

Question 14

relevant offences

Answer 14

section 56 (1 & 2)

caused death or injury
refuses to give blood

• youth level convictions do not count

Question 15

section 96

Answer 15

vehicle seized and impounded for 28 days

- if meets max or over and has 2 other ‘relevant offences’ IN LAST 4 YEARS

Question 16

fails to remain
fails to comply
refuses blood to officer
refuses blood to medical practitioner

Answer 16

section 59 (1)(a)
section 59 (1)(b)
section 60 (1)(a)
section 60 (1)(b)