South Africans have a culture of driving under the influence, which has resulted in many people being incarcerated and obtaining a criminal record. Drinking and driving has become the standard in South Africa over the Christmas season, and personnel of the South African Police Service (“SAPS”) are increasingly regularly executing road blocks during this time.
Is it a crime in South Africa to drink and drive?
It certainly is. Section 65 of the National Road Traffic Act 93 of 1996 (the “NRA”) establishes the legal limitations and restrictions for driving while intoxicated. It states that no one above the legal limit should drive or even sit in the driver’s seat of a motor vehicle on a public road.
What is the statutory limit?
According to the NRA, no one shall operate a motor vehicle with more than 0.05 gram per 100ml in their blood. When breathalyzed, the limit is 0.24mg per 1,000ml; however, the Parliament aims to change the regulations by December to allow for zero alcohol in a person’s blood.
What happens if you are caught driving while intoxicated?
A law enforcement officer, such as a member of SAPS or the Metropolitan Police, has the choice to use or not employ a breathalyzer.
You will be arrested if you are breathalyzed if it is obvious that you are under the influence and are over the limit. You must provide the law enforcement officer with your information. If you provide inaccurate information, you will face further costs.
The police will take you into custody after you have been arrested. They are entitled to additional tests at an alcohol testing facility. You cannot deny authorization for a blood test under Section 37, however you have the right to have your medical practitioner present and to view the sealed needle and syringe when being tested.
What happens if I get arrested for driving while intoxicated?
You will be held in a holding cell until you are granted bail or appear in court, which must be done within 48 hours. Weekends are not counted as part of the 48-hour period, therefore if you are arrested on a weekend, you may be imprisoned for more than 48 hours. If you were arrested on a weekend, you may be held in the holding cells for up to 72 hours.
The Magistrate will issue bail on the day of your court appearance if he believes it is in the best interests of justice. If the magistrate deems it necessary, your bail might be extended or postponed for 7 working days.
What are the legal ramifications of driving under the influence? In South Africa, what is the penalty for drunk driving?
You might face up to six years in jail or a minimum fine of R2,000.00. You also risk having your driving privileges revoked. The court has the authority to impose a suspended sentence on the condition that you do not drink and drive again.
If I am found guilty of drunk driving, would I have a criminal record?
You will have a criminal record for up to ten years.
It is critical to hire a professional drunk driving attorney to guarantee that your case is fought in such a way that it does not result in incarceration and/or a criminal record.
