RP04 - EBA

Question 1

Basic Drink-Driving Offences (20+) - Section 56/58

Answer 1

250mcg LIMIT*

1.Over 400mcg/over 80mg/incapable of PROPER CONTROL = 3months/$4500 + 6month disqualification

2.Over 250mcg but below 400mcg/Over 50mg but below 80mg = $200 + 50 demerits

3.Failed/refused EBT, over 50mg but below 80mg = $700 + 50 demerits

Question 2

Section 56/58 - If it’s a persons 3rd time offence in relation to certain offences what is the penalty?

Answer 2

•2 year’s imprisonment
•$6000
•1 year disqualification

Question 3

Basic Drink-Driving Offences (U20) - Section 57

Answer 3

ZERO LIMIT*

1.Over 150mcg/Over 30mg = 3months/$2250 + 3month disqualification

2.Below 150mcg/Below 30mg = $200 + 50 demerits

Question 4

If a person under 20 gets over 400mcg or 80mg what happens?

Answer 4

They are charged under S56 (Same as an adult)

Question 5

How long must the offender be given to decide whether to get a blood test or not?

Answer 5

10 minutes

Question 6

Require to accompany (20+):

Answer 6

Refuses/Fails BST
No breath screening device is available
OVER 250+
OVER 400

Question 7

Require to accompany (U20):

Answer 7

Refuses/Fails BST
No breath screening device is available UNDER 250
OVER 250+
OVER 400

Question 8

Is an over 20s person whose EBT is between 251-400 entitled to elect blood?

Answer 8

NO

Question 9

Relevant powers/sections from previous Road Policing topics?

Answer 9

S95 - Power to suspend licence (28days)
S96 - Power to seize/impound vehicles (28days)

Question 10

What can I arrest under for EBA offences? And what are the offences?

Answer 10

S120 - Powers of arrest for certain EBA Offences: (warned first)
•Fails or refuses to remain
•Faills or refuses to accompany
•Fails or refuses to give blood when required by an Enforcement Officer
•Fails or refuses blood when requested by a medical practitioner

Question 11

When does a hospital blood sample need to be taken? (Powers to have a Blood Sample Taken)

Answer 11

*All drivers of vehicles can be breath tested, all drivers involved in MVA’s must be breath tested.

If taking a BST will interfere with their treatment. I can have a blood sample taken from the person.

The sample can be taken by:
•Health practitioner/medical officer in charge of the patient,
•Another registered health practitioner/medical officer.

Blood can be taken without consent. If a person is unconscious blood may still be taken. A written notice must be given to them.