Kobus van Zyl – Associate Attorney
South Africans are known to fancy a drink, even at the most trivial event. Unfortunately, it often leads to scenarios where the breathalyser disagrees with individuals who claim “I’m still fine to take the wheel”.
The Sobering Statistics:
The truth is that about 27% of all fatal car accidents in South Africa involve someone intoxicated by some form of firewater. Our roads have become an unpleasant playground for the impaired driver, convincing the World Health Organization to repeatedly list our country as being one with the highest road fatality rates in the world.
Despite optimistic campaigns and slogans like “Arrive Alive” and “Don’t drink and drive”, we often see casual offenders pulled over by police.
The Law:
Driving under the influence (DUI) is regulated by section 65 of the National Road Traffic Act 93 of 1996. The legislation is designed to govern criminal offences where individuals operate a vehicle whilst under the influence of alcohol or drugs and under what circumstances one would be considered not to be able to be in proper care and control of your vehicle.
The current limits seem very little because the people of Mzansi often indulge into more than one drink. However, just one beer can easily put you beyond the legal threshold, especially on an empty stomach or when you weigh less than a rugby forward.
The Procedure Upon Apprehension:
- The Breathalyser Test: You will be requested to blow into a breathalyser. If a reading shows that you are likely to be beyond the legal threshold, you will be arrested and detained at the nearest police station.
- The Blood Test: Your blood sample should be taken by a designated medical practitioner within two hours of arrest. This sample is sent to a forensic lab to confirm your alcohol level.
- The Charge: You will be charged with contravening the provisions of section 65 of the National Road Traffic Act 93, of 1996.
- The Court Appearance: Within 48 hours, you will appear before a magistrate. Depending on your circumstances, you might be eligible to be released on bail before your first court date.
Possible Penalties
Conviction for a DUI may result in:
- A fine of up to R120, 000.00.
- Imprisonment for up to six years in serious cases.
- Suspension or cancellation of your driver’s licence
- A criminal record — which is not an ideal conversation starter during job interviews and would most probably have an influence on your car insurance premium.
Our team of professionals are well versed to assist when you find yourself in the unpleasant position of being arrested for driving under the influence. With the festive season nearing, we encourage you to celebrate smart and keep the safety of road users in consideration.
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