Drink/Drug Drive

Question 1

Legal alcohol limit in England for Blood

Answer 1

80 miligrams of alcohol per 100 ml blood

Question 2

Legal alcohol limit in England for breath

Answer 2

35 micrograms of alcohol per 100ml of breath

Question 3

Legal limit for cocaine

Answer 3

ZERO TOLERANCE

10 micrograms per litre of blood

Question 4

Legal limit for Cannabis

Answer 4

ZERO TOLERANCE

2 micrograms per litre of blood

Question 5

Driving definition in drink/drug driving

Answer 5

In control of steering a vehicle

Question 6

Drink/drug driving:
Attempting to drive defenition

Answer 6

Act that is more than merely preparatory to driving. e.g. getting in & starting the engine

Question 7

Drink/drug driving:
Being in charge of definition

Answer 7

• Close connection between defendant & control of vehicle
• Connection may be defendants position in relation to the car, possession of a key which fits ignition, his actions, intentions, position of anyone else in, at or near vehicle

Question 8

Is an e-scooter a mechanically propelled vehicle (MPV)?

Answer 8

Yes

Question 9

S4 Road Traffic Act (RTA) 1988

Answer 9

Driving whilst unfit through drink/drugs

Question 10

S5 RTA 1988

Answer 10

Above prescribed limit of alcohol

S5 always done after failed ESD

Question 11

S5A RTA 1988

Answer 11

Above specified limits of drugs

• Drives/attempts to drive motor vehc=icle on road/other public place
  OR
• In charge of a motor vehicle on road/other public place & there is a specified controlled drug in their body

Question 12

S6 RTA 1988
- S6A
- S6B
- S6C
- S6D
- S6E

Answer 12

Power of a constable to require preliminary tests
Also makes offence not to provide ESD

S6A - preliminary breath test
S6B - preliminary impairment test
S6C - preliminary drug test
S6D - arrest
S6E - power of entry for the purposes of administering preliminary test or arrest individual reasonable suspected of having injured any person in an accident

Question 13

Alcohol limit in urine

Answer 13

107 milligrams of alcohol in 100ml urine

Question 14

ESD

Answer 14

Electronic Screening Device (Breathalyser)

Question 15

4 outcomes of an ESD

Answer 15

Zero - no alcohol on breath
Pass - alcohol on breath detected but not near legal limit
Warn - alcohol detected thats close to legal limit
Fail - alcohol above prescribed limit

Question 16

Arrest wording for failing ESD

Answer 16

I am arresting you because the breath test is positive & because I suspect you of driving (or attempting to drive or being in charge of) having had to much to drink

Then caution

Question 17

What is an EBM?

Answer 17

Evidential Breath Machine

Following arrest for failing ESD –> station & another test conducted on EBM

Sus provides 2 breath samples - lower reading is used

Ensure sus does not eat, drink, smk prior to EBM

This process is not delayed for a solicitor

Question 18

Collisions & hospital procedure

Answer 18

All drivers in RTC must be given screening breath test whether you suspect alcohol or not

If arrest made (+ve ESD), details of accident must still be recorded as a COPA CARB (Collision Accident Report Book)

If driver taken to hosp, police can conduct drink/drive procedure there

Question 19

When can you require specimen of breath?

Answer 19

RTC, moving traffic offences, suspect they have been drinking

Question 20

What drugs are detected by a drug wipe?

Answer 20

Cannabis, Cocaine

Question 21

What should you do if ESD failed

Answer 21

Arrest

Question 22

What to say when requiring a specimen of breath

Answer 22

‘I require you to provide a specimen of breath as… RTC, suspected of driving…

Explain Electronic Screening Device & 4 outcomes
- Zero - no alcohol detected
- Pass - detected alcohol but not near legal limit
- Warn - detected alcohol close to legal limit (& would be advised not to continue driving as they could later be over the limit)
- Fail - detected alcohol over prescribed limit

MUST ASK:
- Have you consumed an alcoholic drink in last 20 minutes?
- Have you smoked/vaped in last 5 minutes?

Then say:
- Seal mouth around tube
- One long continuous blow
- Blow until told to stop
- Hands down, don’t touch machiene

If fail arrest:
‘I am arresting you because the breath test is positive and because I suspect you of driving (or attempting to drive, being in charge of…) having had too much to drink’

Caution, record response & time of arrest

Question 23

Power to request driving licence?

Answer 23

S164 RTA

Question 24

Power to request insurance/MOT/road tax

Answer 24

S165 RTA

Question 25

Powers to seize vehicles

Answer 25

- Driving otherwise than in accordance w/ a licence - Driving w/o 3rd party insurance - S59 - Used in crime - Breach PG9

Question 26

Preliminary Field Impairment Test

Answer 26

If someone obviously unfit, as in drunk and falling about or if they fall out of the car as you open the door – you can arrest the driver under S4 w/o delay However, may be times where you’re unsure and can call a Roads Policing Officer (Traffic) to conduct a roadside test. Must require this test in the same way as a breath test – failure to comply = offence. Impairment can be through drink or drugs. This is a series of tests that will only be conducted by authorised & trained officers, & they are covered by a code of practice. The tests are conducted roadside and are: * Eye Pupil Examination (dilation, watery, red). * The Modified Romberg Balance Test (balancing with eyes closed). * Walk and Turn Test (walking heel to toe along a line). * One Leg Stand Test (standing on one leg). * Finger to Nose Test (as it states). At the end of this, trained officer will decide if a person is impaired (positive). If the test is positive (conducted by an authorised officer), officers expected to take over the arrest, & authorised officer will provide a statement providing evidence of impairment.