Written By Dionne Jackson                
10 January 2024 

Our roads carry the weight of countless stories, dreams, and destinies. Yet, amidst the tapestry of this existence, a grim spectre lurks, casting a shadow over our journeys: drunk driving.

If you’ve found yourself caught behind the wheel after a night of drinking, you’re likely grappling with the harsh possibility of a drunk driving arrest. The repercussions of such an arrest can be life-altering, impacting both your immediate future and your long-term prospects.

Buckle your seatbelts, as together we navigate the intricate landscape and consequences of drunk driving, equipping you with the knowledge necessary to make well-informed decisions and a thorough understanding of the path that lies ahead if you ever find yourself entangled in this challenging situation.

What Is DUI?

DUI, which stands for Driving Under the Influence, refers to the act of operating any form of transportation on a public road while having a concentration of alcohol in your bloodstream that exceeds the legal limit. According to law, the term “mode of transport” encompasses a variety of vehicles, including motorcars, motorcycles, bicycles, forklifts, and mule carts.

What is The Legal Limit?

The Road Traffic Amendment Act suggests the implementation of a zero percent blood alcohol limit, but this suggested change has yet to be implemented, and the exact date of its enforcement remains uncertain. Therefore, the existing standard alcohol limits remain in effect as follows: the legal blood alcohol limit is 0.05 grams per 100 millilitres, and the breath alcohol content limit is 0.24 milligrams per 1000 millilitres.

How many drinks can you have before driving?

One unit of alcohol contains 12 grams of pure alcohol, equivalent to a single tot of spirits (approximately 10 ml), about two-thirds of a beer, or one small glass (75 ml – 100 ml) of wine. Alcohol metabolism tends to be slightly faster in men compared to women, with weight and time also factoring into the metabolisation of alcohol.

A woman weighing 45 kg could reach the legal alcohol limit of 0.05 g/100 ml after consuming just one drink, while a man weighing 80 kg may need two drinks within the same timeframe to achieve this blood alcohol level.

What is The Procedure When Stopped at a roadblock?

– The police officer will ask a series of questions, including asking for your driver’s licence and whether you have consumed any alcohol.

– You will be asked to take a breathalyser test should the officer be suspicious of your driving under the influence.

– Should you refuse a breathalyser test, you will have to take a blood test, which you may not refuse.

– Should the breathalyser be above 0.05g, the police may proceed to arrest you. Because a breathalyser is not enough to convict someone of driving under the influence of alcohol, a blood test must be conducted to confirm the alcohol levels.

– Should the blood test confirm these alcohol levels, you will be held in custody and charged, and a case docket will be opened.

Can I be Criminally Charged for Drinking and Driving?

Section 65 of the National Road Traffic Act 93 of 1996 plays a crucial role in ensuring road safety. Essentially, it stipulates that no one should operate a vehicle on a public road while impaired by either alcohol or drugs with a narcotic impact. This legal provision exists to protect not only the person behind the wheel but also the lives of other road users.

In light of the above, the Act stipulates severe consequences if you are in violation of Section 65, which may include fines, licence suspension, or even imprisonment, depending on the circumstances of the matter as well as the jurisdiction.

Section 65 serves as a reminder of the responsibility that comes with operating a motor vehicle and the importance of staying sober and alert on public roads. Ultimately, this legal provision is designed to deter and penalise any reckless behaviour that poses a threat to road safety.

What Are the Legal Consequences of Drunk Driving?

When stopped at a roadblock while driving under the influence of alcohol with a blood alcohol level exceeding the legal limit, you can expect the following:

Arrest and Charges:

You will be apprehended and formally charged with the offense.

Custody and Bail:

After being taken into custody and making official statements, one has the opportunity to post bail for release.

– The bail amount typically ranges from R500.00 to R2,500.00, depending on the severity of the test results, and whether or not you are a first-time offender (meaning that you have no outstanding warrants or criminal record). Everyone has the right to bail proceedings, but if you are unable to afford bail, you will be held in custody until your court appearance.

– Upon posting bail, you can leave the police station. It is important to note that someone may only be released on bail should there be a police officer present who is above the rank of a non-commissioned police officer, i.e., a colonel, major, or captain. Non-commissioned police officers such as warrant officers, sergeants, and constables, are not able to release an accused on bail.

– You will be given a warning statement specifying court appearance details. Alternatively, if the police do not instruct you to complete a warning statement, they will issue a summons indicating court dates at a later stage.

– It is important to note that providing false details can lead to arrest warrants and additional charges.

It is advisable to seek the assistance of an experienced criminal attorney or a bail lawyer to handle the bail process effectively.

Penalties:

You could face penalties, the severity of which will be based on any unique circumstances related to your arrest and any prior convictions on your record, including:

– A fine of up to R2,000.00.

– A potential two-year prison sentence will ultimately result in a criminal record, which may not be expungable later on.

Driver’s Licence Consequences:

Your driver’s licence may be affected as follows:

– First-time offenders may experience a licence suspension for at least six months.

– Second-time offenders may face a licence suspension lasting five years.

– Third-time offenders may encounter a licence suspension of at least 10 years.

What Happens if I am Found Guilty of DUI?

Being found guilty of DUI in South Africa results in various penalties, which could be as follows:

– Sentences can range from a few months of community service to a maximum of six years in prison.

– A fine of at least R2,000.00 is likely.

– There’s a risk of having your driver’s licence suspended.

– In the worst-case scenario, a conviction can lead to a 10-year criminal record.

Considering the severe legal consequences and the possibility of having an accident that may result in injuries or even death, it’s clear that driving under the influence is no joyride. In this article, we have explored the legal language of driving under the influence, from blood alcohol limits to the dance with the breathalyser at roadblocks, all while avoiding the potholes of potential penalties.

In conclusion, Section 65 of the National Road Traffic Act is the real hero here; it stands out to ensure the safety of our roads and highways. Let us not forget the importance of a legal sidekick – your DUI attorney or bail lawyer – to navigate the legal rollercoaster if you do happen to find yourself on the wrong side of the law.

Burger Huyser Attorneys is your legal guide when you need someone to take the wheel. Contact us today for specialised criminal advice.

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE