Drunk-driving, drinking and driving, DUI – it doesn’t matter what you call it, being in control of a vehicle on our roads, after drinking more than a certain amount of alcohol, is illegal in South Africa. If apprehended, this can lead to your arrest and you will be required to post bail. If this happens to you, you need an attorney experienced in DUI offences.
The Road Traffic Amendment Act proposes a zero percent limit for blood alcohol, but the Amendment has not yet been enacted. It is not clear when it will come into force, and in the meantime the traditional limits are still effective.
What is the legal alcohol limit?
- The legal blood alcohol limit is 0.05g per 100ml
- The breath alcohol content limit is 0.24mg per 1000ml
As soon as this changes, we will post the news on this website.
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.
- The law describes a ‘mode of transport’ as a vehicle and this includes bicycles, forklifts and mule carts!
How much is too much?
Two beers, or a double tot, is enough to push you over the limit. You may not feel drunk but the law would consider you to be driving under the influence.
What are the legal consequences of DUI in South Africa?
If you are stopped at a roadblock while driving under the influence of alcohol and your blood alcohol level is over the legal limit, here’s what you can expect:
- You will be arrested and charged
- You will be kept in custody until you can post bail. Posting bail is best handled by a drunk driving attorney or bail lawyer
- You will face a fine of up to R2 000 or a two-year prison sentence, or both, depending on:
- Any previous convictions you hold
- Any extenuating circumstances surrounding your arrest
- You may lose your driver’s licence or have it suspended
- First-time offenders – suspension for at least six months
- Second-time offenders – suspension for five years
- Third-time offenders – suspension for at least 10 years
SD Law & Associates are experts in DUI. If you have been arrested for driving under the influence or feel that you’ve been unfairly or unlawfully treated, contact Simon on 086 099 5146 or email simon@sdlaw.co.za. Save the number in your phone…better safe than sorry.
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