EBA

Question 1

Identify the 5 situations where a constable can request a breath screening test.

Answer 1

1. Any driver of a motor vehicle on any road (random stopping)
2. Any person attempting to drive a vehicle on any road
3. Any person you have GCS has recently committed an offence
4. A driver of a vehicle involved in an accident
5. Where the driver is not known you have good cause to suspect passengers in a vehicle involved in an accident

Question 2

What are the age requirements for EBA charges?

Answer 2

• for people 20 years and over: over 250mcg of alcohol per litre of breath
• for people under 20 years: over 150mcg of alcohol per litre of breath
• for people under 20 years: 1-150mcg of alcohol per litre of breath- $200 infringement notice and 50 demerit points

Question 3

What should you say to someone who has failed a passive test?

Answer 3

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

Question 4

What should you say to someone who has failed a breath screening test?

Answer 4

“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”

Question 5

When do you need a driver to accompany you?

Answer 5

• person tested fails or refuses to blow into the screening device
• no breath screening device is available
• if the person is 20 years or over and the reading is OVER 400
• if the person is under 20 and the readings are UNDER 250/250+OVER or OVER 400.

Question 6

If a person refuses to accompany you?

Answer 6

Warn them that they may be arrested for failing to accompany you but that if arrested they will be bailed. If they still refuse, arrest them and carry on with EBA procedure at station.

Question 7

On arrival at Police Station you should…

Answer 7

• start the Breath and Blood alcohol procedure sheet (POL515)
• fill in A-G
• you MUST read part H of the form to the person
• get them to sign the form to acknowledge you have advised them of their rights
• if the person wants to speak to the lawyer you should assist them to contact a lawyer

Question 8

Evidential breath test

Answer 8

“I now require you to undergo an evidential breath test without delay”. If the driver refuses to undergo an evidential breath test, request a blood test.
Only the Drager 9510NZ/7510NZ are approved devices.

Question 9

Advice regarding EBA to driver after failed evidential breath test.

Answer 9

• If positive breath result is returned a driver may have the right to give a blood sample. You must again advise the driver of the rights/caution.
• the driver must have the option of speaking to his lawyer again and then 10 minutes to decide whether or not to give blood (allow 12 mins)
• do not advise driver on what to do
• if they accept the breath test then the procedure is complete
• if he requests blood then a blood test procedure will need to be completed

Question 10

What is Section 56 of LTA?

Answer 10

1: excess breath alcohol >400
2: excess blood alcohol >80

Question 11

What section in the LTA 98 give you powers of arrest?

Answer 11

Section 120(1)(a)

Question 12

What is Section 58 of LTA?

Answer 12

1: incapable of proper control- under the influence of drink or drug

Question 13

What is Section 60(1)?

Answer 13

Failed or refused to give blood

Question 14

What is Section 61 of LTA?

Answer 14

1: caused death or injury with EBA
2: caused death of injury while incapable

Question 15

What is Section 57 of LTA?

Answer 15

Refers to drivers under 20 years old

Question 16

What is Section 59?

Answer 16

59 (1)(a): fails or refuses to remain

59 (1)(b): fails or refuses to accompany

Question 17

Punishments for drink driving OVER 20 years old

Answer 17

Over 400mcg per litre of breath/80mgm of blood per 100ml:
-3 months imprisonment/$4500 or both/6 months disqualified
Between 250-400mcg/50-80mgm:
-$200 fine and 50 demerits

Question 18

Punishment for drink driving for Under 20s

Answer 18

Over 150mcg per litre of breath/30mgm:
-3 months imprisonment/$2250
Under 150mcg/30mgm blood:
-$200 fine and 50 demerits