When can police do breath tests?
Randomly, or whenever we have reason to pull someone over.
What to do when I driver is over the limit
According to RTA 2013 Sch 3 cl 4: Say “you are under arrest for the purpose of a breath test analysis” then issue the official caution but omit the word “do”
Passive breath test
No tube, talk into machine
Standard breath test
With tube, blowing air
When to use standard breath test over passive
Standard can be used if environmental factors are limiting effectiveness, if there are strong odours in the vehicle, or if there are other intoxicated people in the vehicle
When can police do a drug test?
If police believe someone is affected by drugs they must first do a breath test, then a sobriety assessment through conversation and warn the poi of this. Upon completion of sobriety assessment, poi may be conveyed to hospital for blood and urine analysis
PCA levels
Novice range - 0.001-0.019
Special range - 0.02-0.049
Low range - 0.05-0.079
Medium range - 0.08-0.149
High range - 0.15 or higher
Applications of novice PCA range (3)
Learner drivers
Provisional drivers
Unlicensed drivers who have never held an Australian license
Application of Special Range (4)
Drivers of public passenger vehicles
Taxi drivers
Police officers
Drivers of vehicles with hazardous material warnings
When to issue DUI (4)
For any drugs and for alcohol:
1. When too injured to provide a breath analysis
2. When more than 2 hours from a breath analysis machine
3. When in their abode
What are MVC blood tests
When someone is transferred to hospital following a MVC the hospital takes blood for blood tests which means breath tests are not permitted
What are MVC blood tests
When someone is transferred to hospital following a MVC the hospital takes blood for blood tests which means breath tests are not permitted
When to breath test at a crash and why?
Always breath test anyone involved in a MVC, if drugs or alcohol are involved the crash becomes a major crash
Rule 287
Driver to provide narrative to police upon request
