Excess Breath Alcohol Procedures Flashcards Preview

Police Studies > Excess Breath Alcohol Procedures > Flashcards

Flashcards in Excess Breath Alcohol Procedures Deck (18):
1

LTA s56(1) + 20yrs

[Drives, or Attempts to drive]
+
[While proportion of alcohol in persons BREATH]
+
[Ascertained by BST]
+
[Exceeds 400mcg]

=
[Disqualified]

2

LTA s56(1A) +20yrs

[Drives, or Attempts to drive]
+
[While proportion of alcohol in persons BREATH]
+
[Ascertained by BST]
+
[over 250, but under 400mcg]

=
[Fine and 50 demerits]

3

LTA s56(2) +20yrs

[Drives, or Attempts to drive]
+
[While proportion of alcohol in person BLOOD]
+
[Ascertained by analysis of BLOOD specimen]
+
[Exceeds 50mgm, but not 80mgm]

=
[Fine and 50 demerits]

4

LTA s56(2A) +20yrs

[Drives, or Attempts to drive]
+
[While proportion of alcohol in persons BLOOD]
+
[Ascertained by analysis of BLOOD specimen, or has failed, or refused to undergo an EBT]
+
[Exceeds 50mgm, but not 80mgm]

=
[Fine and 50 demerits]

5

LTA s58 +20yrs

[Drives, or Attempts to drive]
+
[Under influence of drink, drug, or both]
+
[To such an extent they are incapable of proper CONTROL of the vehicle]

=
[Disqualified]

6

LTA s57(1) under 20yrs

[Under 20yrs]
+
[Drives, or Attempts to drive]
+
[While proportion of alcohol in persons BREATH]
+
[Ascertained by BST]
+
[Exceeds 150mcg]

=
[Disqualified]

7

LTA s57(2) under 20yrs

[Under 20yrs]
+
[Drives, or Attempts to drive]
+
[While proportion of alcohol in persons BLOOD]
+
[Ascertained by analysis of BLOOD sample]
+
[Exceeds 30mg]

=
[Disqualified]

8

LTA s57(1A)

[Under 20yrs]
+
[Drives, or Attempts to drive]
+
[While proportion of alcohol on person BREATH]
+
[Ascertained by BST]
+
[Below 150mgm]

=
[Fine and 50 demerits]

9

LTA s57(2A)

[Under 20yrs]
+
[Drives, or Attempts to drive]
+
[While proportion of alcohol in persons BLOOD]
+
[Ascertained by BLOOD sample]
+
[Under 30mg BLOOD]

=
[Fine and 50 demerits]

10

s68, 5 situations for EBA stop

- Driver Random Stop
- Any Person Attempting to Drive on any ROAD
- Any Person GC2S has recently committed a MV safety offence against the LTA, 98
- Driver of a MV, involved in accident
- Driver is not know, GC2S passengers in vehicle was involved in a MV accident

11

Passive Screening Test
and Presence of Alcohol

PST
Establish AGE (under 20yrs, or over)
turn on device,and ask driver to talk into device within 50mm.
+
While counting start.
+
Presence of Alcohol or No Alcohol.

**If presence of alcohol:
*"I require you to undergo a breath screening test **without delay"

12

Breath Screening Test
and Excess breath alcohol

BST
Establish AGE (under 20yrs, or over)
Attach mouth piece, have driver breath until sample is obtained
+
Pass or Under 250, or over 250, or over 400
+
Under 250, advise driver to continue home
+
Over 250, advise driver of infringement and advise they are eligible to accompany for for purpose to EBT if they refute the result of 250+ reading
+
Over 400
Advise driver,
"I now require you to accompany me to (nearest EBT location) for purpose of EBT, Blood test, or both
+
Advise of BoR Caution.
Ensure you advise they may be arrested if they refuse, but BAIL WILL BE CONSIDERED

13

Requirements to Accompany

A driver is required to accompany for EBT, Blood test, or Both if they
- fail, or refuse to adequately attempt the PST, or BST
- no BST is available after resonable attempt made to find one
- Person under 20yrs and there is presence of alcohol
- Person 20yrs or over and test read +250 or over
- Person is 20yrs or over and tests reads +400

"I now require you to accompany me to nearest EBT location for the purpose of EBT, Blood test, or both"
+
Advise of BoR Caution
Ensure you advise they may be arrested if they refuse, but BAIL WILL BE CONSIDERED

14

Evidential Breath Test

EBT
Assemble device, request or direct to blow into device until tone stops.
test again with machine reset and new mouth piece.

- 20years and over
- 250mcg = fine + demerits
- 400mcg - disqualified + Blood test if required

- Under 20yrs
- over 150mcg = Disqualified
- under 150mcg = fined + demerits

15

When can Arrest occur during EBA, but only if necessary

K9 can occur when
- fail to remain, fail to stop occurs
- refuses, or fails to complete EBA procedures
- Doubt about details/ identity
- WEEPS

16

Evidential Blood Test and why

an E Blood T
occurs when:
- EBT is unavailable
- Driver refuses, or unreasonable failure to undergo EBT
- Incomplete EBT result obtained
- Positive/Failure result returned and driver elects blood sample

If 20yr+ person and EBT is 251-400mcg, they are not entitled to a Evidential Blood Test.

If a person formaly requests a blood test, they must undergo the blood test, or be charged with EBA and failure to undergo blood test.

17

Suspension for EBA
and Suspension
and Seize + Impound

At any point that a 28 day suspension is applicable, the driver MUST be notified of their IMMEDIATE suspension.
s95 - 28day suspension for
- EBA 650mcg, or 400 and 2 in 4yrs
- Blood 130mgm, or 80 and 2 in 4yrs

*If second EBT comes back below 400mcg, the Suspension revoked.

*If Blood returned as below 130mgm, or 80mgm
(whichever applicable)
Suspension should be revoked

*s96 - Vehicle Impound also applies

18

Drives Under Influence of Drink or Drug

[Drives, or Attempts to drive a MV]
+
[Under influence of]
+
[Drink, Drug, or Both]
+
[To an extent they are incapable of having proper control of the vehicle]