Drunk Driving In South Africa: What Are The Implications

Drunk Driving In South Africa: What Are The Implications

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Drunk Driving In South Africa

Drunk driving is a serious problem in South Africa. According to the National Road Safety Strategy, alcohol is a contributing factor in 60% of fatal road accidents in South Africa. This means that drunk driving is responsible for more approximately two in three fatal crashes in South Africa.

What is the legal limit?

In South Africa, the legal blood alcohol concentration (BAC) limit for driving is 0.05 grams per 100 milliliters (0.05% BAC). If you are caught driving with a BAC that is 0.05% or higher, you can be fined, imprisoned or both. The penalties for drunk driving are even more severe if you are involved in an accident that causes injury or death.

What happens if you are caught driving under the influence in South Africa?

Drunk driving is often only detected after the driver has been involved in an accident, been driving recklessly, or failed a breathalyzer test at a roadblock. If you are caught driving while under the influence of alcohol, you may face severe penalties. The most common consequences for drunk driving include jail time, loss of driving privileges, and steep fines.

Can I refuse to be tested?

If you have been stopped at a roadblock and are suspected of driving under the influence you may be asked to perform a series of tests. If you refuse to provide a sample of your breath, blood or urine, or if you fail or refuse to complete any other test, you will be deemed to have refused to provide a sample. You will be arrested and charged and can be detained at the closest police station and sent for further testing at an alcohol testing centre.

What happens if I am arrested?

The procedure following arrest depends on the severity of the offence. If you were stopped and no major incidents incurred the following will occur:

You will be processed: If you are arrested for a DUI, you will be brought back to the police station where you will be processed. This includes completing the Notice of Rights and the Bail Receipt.

Bail will be decided: You will also have to pay the bail amount which will range depending on the severity of your offence.

You may be detained for a period: In some cases, you may be held in a cell for a few hours while the officers process all other incidents and complete the necessary paperwork.

After being arrested for a DUI you will have to appear in court where a verdict will be decided. If you are found guilty this will remain on your record for up to 10 years.

Conclusion

The consequences of drunk driving are not only felt by the driver. If you are involved in a crash while drunk driving, you could seriously injure or kill other people. You could also damage property and end up in debt. The best way to avoid the consequences of drunk driving is to not drink and drive. If you are going to drink, make sure you have a designated driver or take public transport. If you must drive, make sure you are well below the legal BAC limit.

If you find yourself or a loved one facing a DUI charge, do not try and navigate the system alone. Contact one of our experienced attorneys today.

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