Bail Costs for Drinking and Driving in South Africa Explained
Drinking and driving is treated as a serious offence in South Africa. If arrested for driving under the influence (DUI), you may be required to pay bail in order to be released from custody while awaiting trial. Understanding how bail amounts are determined can help you prepare for what to expect.
What Is Drinking and Driving in Legal Terms?
Under South African law, a person is guilty of drinking and driving if they are found operating a vehicle with a blood alcohol concentration (BAC) above the legal limit:
- 0.05g per 100ml of blood for private drivers
- 0.02g per 100ml of blood for professional drivers
How Bail Amounts Are Determined for Drinking and Driving
Bail Is Not Fixed
There is no standard bail amount for drinking and driving in South Africa. The figure depends on several factors, including:
- The seriousness of the offence
- Whether the accused has previous convictions
- The risk of not returning to court
- Circumstances surrounding the arrest
Typical Bail Ranges
For first-time offenders, bail for drinking and driving can range between R500 and R2,500, but this may increase depending on the circumstances. Repeat offenders or cases involving accidents could face significantly higher bail amounts or even denial of bail.
When Bail Might Be Refused
Bail may be denied if the court believes the accused poses a danger to society, has a history of failing to appear in court, or if the DUI offence resulted in serious injury or death.
What Happens After Bail Is Paid?
Once bail is paid, the accused is released with the condition that they must appear in court on the scheduled date. Failure to appear may result in the forfeiture of bail and the issuing of a warrant of arrest.
Frequently Asked Questions
- Can someone else pay bail on my behalf?
Yes, family, friends, or an attorney can pay bail for you. - Will I get my bail money back?
Yes, bail is refunded once the case concludes, provided you attended all court dates. - How long does it take to be released after bail is paid?
Release usually happens within a few hours once bail is processed and the receipt is issued. - Can bail be paid on weekends or public holidays?
Yes, bail can generally be paid at police stations, depending on availability. - What happens if I cannot afford bail?
Your attorney can apply for a reduced bail amount or request a release on warning.
Get Legal Assistance for Drinking and Driving Cases
Being charged with drinking and driving can have serious legal and financial consequences. Having skilled legal representation ensures your rights are protected and increases your chances of a fair outcome. At Burger Huyser Attorneys, our experienced team is ready to assist you with bail applications, court representation, and legal advice tailored to your case.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358; Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
