THE 2008 BREATHALYZER PROGRAMME
------
The Programme
As a part of its efforts to reduce the high level of crashes on our roads which cause injury or death, the police has strengthened the operation of the breathalyzer programme. This is being done by strategically deploying Breathalyzer Evidence machines throughout the island. In addition there has been an increase in the number of officers who are trained to administer the Breathalyzer Test. As a result it will be possible to test a larger number of drivers whose behaviour warrant intervention under this programme.
As provided by the Road Traffic Act, the police will be testing all drivers who are involved in crashes to determine if they are over the legal limit. The police will also be monitoring driving behaviour for signs of alcohol consumption. Such signs include careless driving, excessive speeding, improper overtaking and other moving violations. Checks will done islandwide with particular emphasis on roads that are in the vicinity of dances, clubs, shows, fairs and parties.
WHAT IS THE LEGAL ALCOHOL LIMIT?
The legal alcohol limit is 35 microgrammes of alcohol in 100 millilitres of breath; or a blood alcohol level of 80 milligrammes of alcohol in 100 millilitres of blood. You control the amount of alcohol in your blood by controlling the amount of alcohol that you drink. To ensure that you do not reach the limit, do not drink any alcohol hours before you drive.
Remember that the amount of alcohol which gets you intoxicated and affects your ability to operate a vehicle depends on many factors, for example, your size, weight, gender and whether you ate before drinking.
What is the Breath Test?
A breath test is the means by which the breath is checked to find the amount of alcohol in the body. It is a safe and reliable method, to make sure that motorists who drink alcohol and drive do not put other person’s lives in danger.
When is the test done?
If a police officer has reasonable cause to believe that you are driving under the influence of alcohol, then he will ask you to do a breath test.
How is the Breath Test done?
After asking you to exit the car, the police will ask you to breathe into a hand-held instrument that will indicate if there is any alcohol in your body above the legal limit.
Important - The mouthpiece for the machines are used once and then discarded, not shared. You will not be exposed to any diseases.
If the reading shows that you are above the limit, you will be accompanied to a police station and asked to breathe into a breath alcohol Evidence Machine (Breathalizer), that will also show your breath alcohol level and immediately print the results on an Evidence Card. This card is admissible in Court and the driver will be given a copy.
This Evidence Card shows:
• Your name • Your licence number • The date and time at which the test was done • The location of the crash • The amount of alcohol found in your body • The name of the Officer who administered the test
THE BLOOD TEST
In cases where the driver is taken to a medical facility, like a hospital, before a breath test can be administered, with consent of the driver, the police can ask a medical practitioner to take a sample of blood for a blood alcohol test.
A blood test can only be done with your consent. You will not be asked to do a blood test if a breath test has already been done.
PENALTIES
If you fail the breath test, you can, on conviction, be fined up to $3,000 or serve a term of up to 6 months in prison. You can also gain 14 demerit points on your driver’s licence. If you are caught a second time, you can be fined up to $5,000 or be put in prison for a term of up to 12 months.
Refusal to do the breath test or the blood test if a breath test has not been done is an offense. You can be fined up to $3,000 or serve a prison term of up to 6 months.
KNOW YOUR RIGHTS
• Only one mouthpiece must be used at each test. • You may ask to see the reading on the screening device • You may ask to open the package containing the mouthpiece • Blood tests cannot be done without your consent and the consent of the doctor. • Blood tests must only be done at a hospital by a medical practitioner or a qualified laboratory technician • You must be given a copy of the results of the evidence test.
KNOW THE POLICE POWERS
The police have the authority to:
• Stop you if he has reasonable cause to believe that you are driving under the influence of alcohol and ask you to do a breath test • Ask the driver of vehicles that have been involved in a crash to do the breath tesst. • Ask you to do a blood test if you are unable to do a breath test
REMEMBER
• It is dangerous to drink and drive. • Alcohol affects the driver’s co-ordination, reaction time and the ability to perform tasks required to drive a vehicle safely.
November 2008