EBA Procedures

Question 0

What are the five situation when you can require a person to undergo a breath screening test without delay?

Answer 0

Initial Breath screening procedures

1. Section 68(1)(a)
   Any driver of a motor vehicle on any road (random stopping)
2. Section 68(1)(a)
   Any person attempting to drive a motor vehicle on any road
3. Section 68(1)(b)
   Any person you have good cause to suspect has recently committed an offence against road safety provisions of the Land Transport Act that involves the driving of a motor vehicle.
4. Section 68(1)(c)
   A driver of a motor vehicle involved in a motor accident
5. Section 68(1)(c)
   Where the driver is not known you have good cause to suspect passengers in the vehicle involved in a motor accident

Question 1

What is the order of testing for EBA?

Answer 1

• Initial breath screening procedure
• Passive breath testing
• Breath screening test (BST)
• Requiring person to accompany you
• Evidential breath test (EBT)
• Blood tests

Question 2

What is Passive breath screening?

Answer 2

Check point test
Machine Drager 6510 (known as the “sniffer”)
Driver states full name and address
Device will read “ALCOHOL” or “NO ALCOHOL”

Question 3

What is a breath screening test (BST)?

Answer 3

To be done if passive breath test comes up “ALCOHOL”

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

Results
"PASS"
"UNDER 250"
"250 + OVER"
"OVER 400"

Verify persons age by drivers esp for drivers under 20 years old

Question 4

When is a person required to accompany you?

Answer 4

• If the driver or person being tested fails or refuses to blow into the breath screening device
• No breath screening test is available (after you have tried to get one)
• If the person is 20 years or over and the test reads “OVER 400”
• If the person is under 20 years and the test reads “UNDER 250”, “250+OVER”,”OVER 400”.

You must speak to the driver and say “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.”

As you are now detaining the driver, you must inform them of their rights/caution.

Lawyer - If the person wants to contact a lawyer, they may do so. Give them privacy but make sure they are unable to run off.

Search of detained person - Section 85 of Search & Surveillance Act 2012 (125 obligations)

Refusal to accompany
Warn them they may be arrested fot failing to accompany you, but that if they are arrested, BAIL will be considered.
If they stil refuse, arrest them, return to police station. Search of arrested person sec 85 search (125 obligations)

On arrival at the policed station

• Rights/caution form (breath & blood alcohol procedure sheet) - POL515
• If the person wants to speak to a lawyer let them

Question 5

What is the process for an evidential breath test (EBT)?

Answer 5

Speak to the driver and say “I now require you to undergo an evidential breath test without delay”.

If the driver refuses request a blood test.

Negative test
Driver free to go as long as no outstanding charges.
Can still forbid a person under 121 if you have honest believe person incapable of driving.

Positive result

• 20+ - over 400mcg of alcohol per litre of breath
• under 20 - over 150mcg of alcohol per litre of breath
• under 20 - under 150mcg of alcohol per litre of breath - infringement notice and dermit points.

If EBT is positive
- Driver has the right to have a blood test ASAP after result.
- Must again advise driver of caution/rights
Ten minute period - must give ten minutes to driver to let him decide if he wants a blood test (police time 12 minutes). Do not talk to the person at this time.

If the person accepts the EBT, the procedure is complete, issue a summons.

Question 6

What is the blood test procedure?

Answer 6

Complete part 1 POL535
Doctor takes the blood test
Can take 2-7 weeks for test to come back, let the driver go or stop them for driving for 12 hours (section 121).

Question 7

What is section 95 of the land transport act 1998?

Answer 7

Power to suspend licence for 28 days

• breath alcohol over 650mcg per litre of breath
• blood alcohol over 130mg of alcohol per 100ml of blood
• breath alcohol over 400mcg of alcohol per litre of breath or blood alcohol over 80mg of alcohol per 100ml of blood and has been convicted of any ‘relevant offence’ within the last four years.
• Failed or refused a blood test.

Question 8

What is section 96 of the land trandport act 1998?

Answer 8

Power to impound vehicles for 28 days for:

• breath alcohol over 400mcg of alcohol per litre of breath or 80mg of alcohol per 100ml of blood & has two previous convictions for any “relevant offencre with the last 4 years.
• Failed or refused a blood test