Drunk-driving or drinking and driving, refers to being in control of a vehicle on a public road, after drinking more than a certain amount of alcohol and is illegal in South Africa. If apprehended, this can lead to your arrest and you will be required to post bail. In this case, you may choose to seek the legal assistance of a drunk-driving attorney.
Driving after a few drinks is common practice in South Africa but an alarming rise in the number of deaths caused by drunk-driving annually in South Africa, authorities are now taking a zero tolerance approach.
There are currently various services that provide a transportation service for people who are too drunk to drive and yet, South Africans continue to make the choice to drink and drive.
What is DUI?
- DUI, or driving under the influence,means that you are in control of a mode of transport on a public road with blood levels exceeding the legal alcohol limit, which is currently, 0.05g per 100ml.
What is the legal alcohol limit?
- Thelegal blood alcohol limit is 0.05g per 100ml
- The breath alcohol content limit is 0.24mg per 1000ml
How much is too much?
- Two beers, or a double tot, is enough to push you over the limit. You may not think, or feel, that you are driving drunkbut, legally, you would be considered to be driving under the influence.
What are the legal consequences of driving drunk?
If you are stopped at a roadblock while driving under the influence of alcohol and you are suspected being under the influence of alcohol, you can expect any or all of the following:
- You will be arrested and charged
- You will be taken to the Hospital or clinic in order that your blood be drawn and later tested to determine if indeed you were over the legal limit.
- You will be ‘processed’, which refers to having your fingerprints and photo taken and as well as your particulars.
- You will be kept in custody until you can post bail
- Posting bail is best facilitated by a drunk driving attorneyor bail lawyer.
- You will face a fine or a term of imprisonment, or both, depending on:
- Previous convictions against you, especially if said previous convictions are similar to the present charge.
- Extenuating circumstances surrounding your arrest, i.e the occurrence of a motor vehicle accident can be an aggravating factor.
- You may lose your driver’s licence or have it suspended
- They Court will conduct an enquiry ito section 35 of the Road Traffic Act in order to determine whether you are fit to continue possess a driver’s license .
- This decision is influences by various factors, including how long you had a license, how many previous arrests of this nature you have and how necessary your license is for your livelihood.