RP02 EBA Procedures

Question 1

Procedures for breath and blood alcohol testings

Answer 1

1. Passive breath testing
2. Breath screening test (blow into tube)

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

3. Evidential breath test

“I know require you to accompany me to the … Police station or other such place for the purpose of an evidential breath test, blood test or both

Question 2

Breath and blood alcohol limits

Answer 2

Adults under 250, 400 DQ
Under 20 - 0 or >150mcg DQ

Blood
Adults under 50mg or 80mg DQ
Under 20 - 0 or >30mg DQ

Question 3

What to do when driver refuses or failing to provide a breath or blood alcohol

Answer 3

Arrest under Section 120 (1a) LTA 1998

Question 4

What is the purpose of the 10 minute period

Answer 4

Explained positive breath testing result advice. Then time for the suspect to decide whether to have a blood test or not.

Question 5

Powers of arrest

Answer 5

Section 59(1a) Fails or refuses to remain
Section 59 (1b) Fails or refuses to accompany
Section 60(1a) Fails or refuses to give blood by an enforcement officer
Section 60(1b) Fails or refuses to give blood by a medical practitioner

Question 6

When must licences be suspended

Answer 6

Section 95

• breath >650mcg
• blood >130mg
• breath over 400 or blood over 80 and convicted for a relevant offence in past 4 years
• failed or refused blood test under section 72 or 73

Question 7

When must vehicles be seized and impounded?

Answer 7

• breath over 400mcg or blood over 80mcg and has two previous convictions in past four years
• failed or refused blood test under section 72 or 73 and has two previous convictions within the last four years

Question 8

Relevant convictions

Answer 8

• excess breath or blood (400, 80)
• incapable of proper control
• failed or refused to give blood
• caused death or injury

Question 9

Post procedure requirements for forbidding impaired drivers

Answer 9

• Section 121
• FARMED
• Summons