# Quick Reference
```mermaid
flowchart TD
subgraph PBTGR [PBT Grounds]
INC[Driving or In-Charge]
PTS[PBT Site]
MVA[BORG MVA within 3hrs]
DRV[Driver Not Known w/i 3 hrs]
end
NPBT[No PBT Grounds]
NPBT --BORG/Evidence Drive within 3hrs--> EBTACC
subgraph PBTPR [PBT Process]
PBT[Demand to PBT]
PBT --Lion Alcotest SD-400 Touch--> OP
PBT --> REFPBT
OP[Form Opinion of BrAC \n Only Members Present During PBT]
end
subgraph EBTPR [EBT Process]
OP --> EBTACC[EBT Accompany]
EBTACC --> EBTREM[EBT Remain]
EBTREM --Alcotest 9510 AUS 8320869--> EBTCOMP[EBT Completed]
EBTCOMP --> EBTFAIL[EBT Failed]
EBTFAIL --> BLOOD[Bloods Requirement]
end
subgraph Charges
REFPBT[Refuse PBT] --> CHGPBTREF["Charge with Refuse PBT \n S.49(1)(c) RSA 1986"]
EBTACC --Refuses to Accompany--> CHGEBTREF["Charge with Refuse EBT \n S.49(1)(e) RSA 1986 per S.55(1)"]
EBTREM --Refuses to Remain--> CHGEBTREF
end
PBTGR --> PBT
```
Format for PDF sent to RPDAS:
- INSTRUMENT # - TEST # - SUBJECT SURNAME
- e.g. MRAH-0000 00001 SMITH
**PBT = Preliminary Breath Test
ACC = Request to Accompany
EBT = Evidentiary Breath Test**
![[Pasted image 20230921094532.png]]
# PBT's
The belief on reasonable grounds is met to conduct a #pbt if:
1. During the course of an #intercept; or
2. At a #testing-site; or
3. At a motor vehicle #accident
If you are unable to conduct a #pbt then you can conduct an #ebt with belief on reasonable grounds if:
1. The driver makes #admissions; or
2. There were #witnesses to the driver driving; or
3. You #observed the driver driving.
# Legislation & Case Law
## Section 3AA - In Charge or Driving
>(1) Without limiting circumstances, follow persona re in charge of MV if-
> (a) person who is **attempting** to **start** or **drive** MV;
> (b) person has **BORG** another **intends** to do (a);
> (ba) person is vehicle supervisors of automated vehicle;
> (c) commercial driving instructor while person being taught in charge;
> (d) supervising driver sitting beside person being taught;
- The BORG for the **intention** to start or drive must be immediate, e.g. they must say "I am going to drive away as soon as you go away."
- Gillard v Wenborn (1988) covers sleeping. Sleeping is **not** considered to be in charge of a motor vehicle and therefore you should not PBT.
- You can follow the EBT route, if you have evidence or BORG they were in charge in the last 3 hours.
## Offences
S.49 RSA 1986 covers this, remember offences occur **ANYWHERE**:
>(1) A person is guilt of an offence if (relevant to **motor vehicles**)-
> (a) drives/in-charge + under influence of **liquor** / **drug** + **incapable** of **proper control**; or
> (b) drives/in-charge + at or **more prescribed alcohol limit**; or
> (ba) drives/in-charge + **impaired by drug**; or
> (bb) drivers/in-charge + prescribed concentration of drugs or more; or
> (bc) drives/in-charge whilst **both**-
> (i) prescribed **alcohol** limit; and
> (ii) prescribed concentration of **drugs**; or
> (c) **refuses** to undergo PBT under s.53; or
> (ca) **refuses** to undergo drug assessment under s.55A/55A(1); or
> (d) **refuses/fails** to comply with request/signal to stop + remain stopped under s.54(3); or
> (e) **refuses** to comply with s.55(1), (2), (2AA), (2A) or (9A); or
> (ea) **refuses** to comply with s. 55B(1) or 55BA(2); or
> (eb) **refuses** to provide sample oral fluid under s.55D/55E; or
> (f) **within 3 hours** driving/in-charge furnishes **breath** for analysis under s.55 and-
> (i) result indicates more than alcohol limit; and
> (ii) concentration not solely present due to consumption after driving/being in-charge; or
> (g) had sample of **blood** taken under s.55, 55B, 55BA, 55E or 56 **within 3 hours** of driving/in-charge and-
> (i) sample analysed within 12 months under s.57; and
> (ii) concentration of alcohol found by analyst not to be present due to solely consumption of alcohol after driving/in-charge; or
> (h) **within 3 hours** driving/in-charge provides **sample of oral fluid** under s.55E and-
> (i) sample analysed by properly qualified analyst under s.57B + found illicit drug present; and
> (ii) presence of drug not solely due to consumption after driving/in-charge; or
> (1)(i) sample of **blood** taken under s.55, 55B, 55BA, 55E or 56 **within 3 hours** and-
> (i) sample analysed under s.57 found illicit **drug**; and
> (ii) presence of drug not solely due to consumption after driving/in-charge; or
> (j) sample of **blood** taken under s.55, 55B, 55BA, 55E or 56 **within 3 hours** and-
> (i) sample analysed within 12 months by analyst under s.57 finding both-
> (A) **alcohol** over limited; and
> (B) illicit **drug** present
> (ii) concentration of alcohol found by analyst not to be present due to solely consumption of alcohol after driving/in-charge; or
> (iii) presence of drug not solely due to consumption after driving/in-charge;
- s.49(1)(a) you need **evidence** of **lack of control**, e.g. witness statement describing the specific lack of control
- s.49(1)(b) Exceed Prescribed Concentration of Alcohol (XPCA) which-
- Must be found driving or in-charge of motor vehicle; and
- Occurs at time and place of where the driver was located driving; and
- Can be outside the 3 hour timing; and
- Can be proven via breath or bloods
- s.49(1)(f) - Prescribed Concentration of Alcohol or more in breath
- Only occurs within 3 hours; and
- Presumption that the reading is not due solely to consumption of alcohol after driving or being in-charge. E.g. the defence of "I had a drink when I got home."
- You might use this charge parallel to s.49(1)(b) in case something gets contested, you have a back-up that is outside of the 3 hour timing. As long as you FOUND them driving or in-charge.
- s.49(1)(g) Exceed Prescribed Concentration of Alcohol via Bloods
- Occurs at time and place where bloods were taken; and
- Bloods must be taken within 3 hours; and
- Presumption that the reading is not due solely to consumption of alcohol after driving or being in-charge. E.g. the defence of "I had a drink when I got home."
## Common Defences
- Re. s.49(1)(f) P.C.A. in Breath
- Instrument is not in working order; or
- Instrument is not being properly operated
- Ensure you operate the instrument correctly and that it is working PRIOR to using it for a breath sample, e.g. test print, check paper, etc.
- Re. s.49(1)(g) P.C.A. in Blood
- Blood has not been analysed correctly