What is the legal framework for DUI?
Driving under the influence (DUI) is a serious offence in South Africa, carrying significant legal consequences. The phrase “under the influence” relates to both drugs and alcohol. The legal framework is designed to deter this dangerous behaviour, punish offenders, and mitigate the associated risks. What are the legal consequences of DUI in South Africa and how can you ensure you don’t fall foul of the legislation?
National Road Traffic Act
Under South African law, the National Road Traffic Act (NRTA) governs offences related to driving under the influence. The legal limit for alcohol in the bloodstream when driving is “less than 0.05g of alcohol per 100 ml of blood”. Anything above that counts as intoxication. This means that even after a moderate drink – 350ml of beer or 250ml of wine – you can still be over the limit. The amount of alcohol you need to drink to be considered over the limit varies from person to person. It depends on various factors:
- Your weight
- Your gender
- Your metabolism
- Your age (younger people tend to process alcohol more slowly)
Alcohol can remain in your system for up to eight hours after consumption.
Penalties for DUI
The penalties imposed by the NRTA differ for first-time and repeat offenders. For first-time offenders, penalties include suspension of the driver’s licence and, in more severe cases, fines up to R120,000 and imprisonment for up to six years. Repeat offenders face increased fines and longer imprisonment terms and, in extreme cases, the driver’s licence may be revoked. A DUI conviction can also result in a permanent criminal record, which can affect employment opportunities and international travel.
The consequences can be severe so it is better to avoid driving over the limit. It is not worth taking a chance, especially given the increase in roadblocks and other checkpoints to discourage drinking and driving. Make arrangements for an alternative or “designated” driver who is sober, or use public transport or a ride-hailing service and ensure your plans are made in advance.
What happens if you are caught driving under the influence?
If you are stopped at a roadblock and your blood alcohol level is found to be over the limit, you will be arrested and charged with driving under the influence of alcohol. Your blood should be taken within two hours of arrest. While this was previously a guideline, it is now contained in the NRTA. You will likely remain in custody until arrangements for bail have been made. As a first-time offender, there are certain strategies to mitigate the consequences.
As a first step, ensure you have legal representation at the earliest opportunity – they will assist with the bail process and ensure your rights are protected. Written representation can be made to the Prosecutor on your behalf setting out your personal circumstances. You may be eligible for diversion away from formal court procedures towards a more constructive and positive solution. Volunteering for community service can also sometimes positively influence the court’s decision.
DUI is a grave offence with far-reaching consequences in South Africa. Take preventative measures – don’t drink and drive! If you make a mistake, understand your rights and take legal advice. The best defence against a DUI charge is to avoid driving under the influence altogether. Stay safe, make responsible choices for yourself and others and uphold the law.
If the worst happens
Cape Town attorneys SD Law & Associates are experts in DUI. If you are arrested for driving under the influence, contact criminal defence lawyer Simon Dippenaar on 076 116 0623. Save the number in your phone…better safe than sorry.