EBA

Question 1

CIT?

Answer 1

Compulsory Impairment Test.

Question 2

When can you take keys and forbid to drive (s121(2)(a) LTA 1998) during the EBA procedures?

Answer 2

• Waiting for blood results, positive EBT or refuses/failed to complete EBT.
• Honest belief, based on reasonable grounds, driver incapable of having proper control of vehicle.

Question 3

Arrestable offences during EBA process?

Answer 3

s59(1)(a) Fails or refuses to remain.
s59(1)(b) Fails or refuses to accompany.
s60(1)(a) Fails or refuses to give blood by officer.
s60(1)(b) Fails or refuses to give blood by medical practitioner.
s58 Drives/attempts to drive under the influence.

*s121(1)(a) LTA 1998 Power to arrest.

Question 4

EBA?

Answer 4

Excess Breath/Blood Alcohol

Question 5

After positive EBT how long does driver have to decide whether to have a blood sample taken?

Answer 5

10 mins ( give 12 mins)

Question 6

Causes of driver impairment?

Answer 6

Alcohol
Drugs
Medical factors i.e. diabetes
Other factors i.e. mental state, fatigue

Question 7

Posistive EBT, how to complete the process of the driver over 400mcg?

Answer 7

Summons driver, s29 Criminal Procedure Act 2011. Fill out form.
Positive EBT, so forbid to drive s121 LTA 1998.

Question 8

EBA Offences ages brackets?

Answer 8

20 + Adult.

- 20 youth.

Question 9

Breath and blood alcohol limits Adults? +20yrs

Answer 9

Breath:

• 250-400mcg per L. $200/50 dp
• Exceeds 400mcg per L. 3mths/$4500/disqual 6mths

Blood:

• 50-80mg per 100ml. $200/ 50 dp
• Exceeds 80mg. 3mths/$4500/disqual 6mths

Question 10

Breath & Blood alcohol limits Youth? -20yrs

Answer 10

Breath:

• under 150mcg per L.
• over 150mcg per L.
• over 400mcg charge same as adult.

Blood:

• under 30mg per 100ml. $200/ dp 50
• exceeds 30mg per 100ml. 3mths/$2250/disqual 3mths
• exceeds 80mg charge same as adult.

Question 11

LTA 1998, s73 - Power to have blood obtained.

Used to get blood from driver involved in car accident, who can request to take it?

Answer 11

• medical practitioner in immediate care, another medical practitioner/ medical officer.
• officer can request blood by doctor if he believes: person in hospital testing of accident, taking blood won’t hurt care, tell person blood taken for evidential purposes.
• no consent from person.

Question 12

How many attempts does a driver get at doing a EBT before moving on to a evidential blood test?

Answer 12

3

Question 13

What percentage difference between two EBT samples scores is considered to be incomplete?

Answer 13

15% or more

Question 14

Which sections from the LTA 1998 determines who must give a blood sample?

Answer 14

s72 & s73

Question 15

Which section of the LTA 1998 determines who must undergo an Breath Screening Test (BST)?

Answer 15

s68

Question 16

Which section of the LTA 1998 determines who must undergo an Evidential Breath Test (EBT)?

Answer 16

s69