RP02 EBA Procedures

Question 1

What is the order of the EBA process?

Answer 1

• Passive Breath Test

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

• Breath Screening Test

• Fail
• “I now 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”
• Read them their rights/caution

• Conducting EBT

• “I now require you to undergo an evidential breath test without delay”
• Max of three attempts
• If the driver refuses or fails EBT, go into blood test
• 12 minute period

Question 2

How many attempts can a person have at an evidential breath test?

Answer 2

3 attempts

Question 3

What will the Drager 6510 read for a passive breath test?

Answer 3

“ALCOHOL”

“NO ALCOHOL”

Question 4

What will the Drager 7510NZ read for a passive breath test?

Answer 4

“PASS”

“FAIL”

Question 5

What must you say to commence breath screening test? BST

Answer 5

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

Question 6

What must you say when you require a person to accompany you for an EBT?

Answer 6

“I now 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 7

When can you require a person to accompany you for an EBT?

Answer 7

• the driver or person being testing fails or refuses to blow into the breath screening device.
• no breath screening device available.
• +20yrs test reading
- “OVER 400”
- “250+ OVER”
• -20yrs test reading 
- “UNDER 250”
- “250+ OVER”
- “OVER 400”

Drager 7510NZ can conduct a roadside EBT if it is safe to do so.

Question 8

What do you need to do after you’ve required a person to accompany you for an EBT?

Answer 8

• Read them their rights.
• let them contact a lawyer in private, such as in the back of your patrol car. Before they undergo the EBT.
• Detained S125 (RAN) and S85 Search.
• if they refuse, warn then arrest. Liable for a charge of failing or refusing to accompany you.
• If arrested, Rights and search again

Question 9

What must you say before you conduct an EBT?

Answer 9

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

Question 10

Can you still forbid a driver from driving after they have passed an EBT?

Answer 10

Yes, under S121(2)(a) of the LTA1998.
If you believe on reasonable grounds that they are still incapable of having proper control of the vehicle.
You can forbid them for 12 hours.

Question 11

What is the 10(12) minute period for?

Answer 11

It is a legal requirement to give the driver time to request a blood test.
If they say, or you do anything, you must restart the timer.
If the driver requests blood, the timer no longer applies.
If time runs out, the driver accepts the EBT, and the procedure is complete.

Question 12

What is the Breath and Blood Alcohol Procedure Sheet?

Answer 12

POL515.

Start as early as you suspect a drunk driver.

Question 13

When can drink drivers be arrested?

Answer 13

• it is necessary to complete breath/blood alcohol tests.
• RGTB they will be a risk to public safety by again driving while impaired.
• if there is doubt about their identity.
• if there is doubt they will be able to be located for serving a summons.
• to ensure they will appear in court.

Question 14

Issuing a summons… EBA

Answer 14

Summons under S29 Criminal Procedure Act when a person accepts their EBT and is not arrested.
Summons for a date no more than 2 months away.
Anyone under 17 file should be sent to YAS.
If summonsing, consider S33 PA2008 (obtaining details for summons)

Question 15

Start the blood test procedure if…

Answer 15

• an EBT is unavailable
• the driver refuses or fails to undergo EBT
• an “incomplete” result is obtained
• a positive result is obtained and the driver elects to have a blood sample taken.

Question 16

What are the EBT levels for an ION?

Answer 16

• +20 250-400mcg. No blood option. $200 50 demerits
• -20 1-150mcg. No blood option.
$200 50 demerits

Question 17

What is the time frame for a blood test result? EBA

Answer 17

2-7 weeks. The driver cannot be charged until the result comes back.

A positive EBT or a refused/failed result the driver must be forbidden to drive for 12 hours S121(2)(a).

Also consider forbidding other drivers who returned a lower result.

Question 18

What is your power to suspend licences? EBA

Answer 18

S95 LTA1998 Mandatory 28 day licence suspension

• breath alcohol over 650mcg per L of blood.
• blood alcohol over 130mg per 100ml.
• over 400mcg breath and any relevant offence 4 years.
• over 80mg blood and any relevant offence 4 years.
• failed or refused a blood test at the request of
- enforcement officer, authorised medical person
- hospital

Question 19

Power to impound vehicles? EBA

Answer 19

S96 LTA1998 Mandatory Vehicle Impoundment 28days

• +400mcg breath and 2 relevant convictions last 4 years
• +80mcg blood and 2 relevant convictions last 4 years
• failed or refused a blood test at the request of
- enforcement officer, authorised medical practitioner
- hospital AND
- has 2 relevant conviction last 4 years

Question 20

Arrestable EBA Offences…

Answer 20

• S59(1)(a) fails or refuses to remain after BST
• S59(1)(b) fails or refuses to accompany
• S60(1)(a) fails or refuses to give blood when required by an enforcement officer
• S60(1)(b) fails or refuses to give blood when requested by a medical practitioner

POA S120(1)(a) LTA1998

Question 21

What is the difference between two sample scores for an EBT to be considered ‘incomplete’?

Answer 21

15% or more