The Legal Implications of Drunken Driving in South Africa
Whether you’re a new or experienced driver, drunken driving can result in some serious implications, both legally and from a safety perspective. No matter the time of year, you could land yourself in some serious trouble on South African roads if you don’t watch your alcohol intake before driving.
Our K53 tests team is passionate about helping first-time drivers understand the rules of the road to keep safe on route. Here’s our insight on the importance of avoiding alcohol when driving.
What Is the Legal Alcohol Consumption Limit Before Getting behind the Wheel?
South African legislation shifted in 2021 as the government clamped down on alcohol consumption in an attempt to make our roads safer.
The National Road Traffic Act (the “NRA”) is the national legislation that sets out the legal limits and bans for driving while under the influence of alcohol. It states that no one should drive or, in some circumstances, occupy the driver’s seat of a vehicle on a public road if they are over the legal limit.
These days, the legal limit for blood alcohol concentration is 0.05%, which means your blood may not have an alcoholic content higher than that figure. Even after what you believe to be a small drink, you might be over the limit because of this new law. Therefore, if you’re the designated driver, you might want to stick to coke or water for the night.
If you drink more than 350ml of beer or have more than a single tot of spirits, you are certainly over the limit. Furthermore, this small amount of alcohol can stay in your system for up to 8 hours.
Drunk Driving Statistics
South Africa is notorious for our tragic road accidents, with too many citizens speeding along our open roads, with a blood alcohol limit far beyond what’s legal.
More than 65% of all deaths in South Africa are caused by drinking, including drunk driving. In addition to this, a driver with a blood-alcohol level of greater than 0.5g per 100ml is involved in 50% of all vehicle accidents in the country.
Easter is the most notorious period for drunk driving, and during Easter 2021, 438 drivers were arrested for operating a vehicle influenced by alcohol, with over 200 fatalities recorded.
What Is the Price You’ll Pay For Drunken Driving?
Beyond the obvious price of endangering your life and the lives of your loved ones and fellow road users, if you’re caught drinking and driving, there will be major consequences, according to the law.
Should you be stopped by a SAPS or Metropolitan Police, they will use a breathalyser if you’re suspected to be driving drunk. You will be arrested if it’s clear that you are under the influence or you exceed the limit.
Once you’ve been detained, the officer will arrest you. They are permitted to conduct more tests at an alcohol testing facility. You are not allowed to refuse a blood test under Section 37. However, you have the right to have your medical professional present and request to see the sealed needle and syringe when being tested.
From there, you will be detained in a holding cell until you have obtained bail or at the next court hearing, which must take place within 48 hours. Weekends are not included in the 48-hour time limit, so you may spend up to 72 hours in jail if you are arrested on a weekend.
If the Magistrate decides that it is in the best interests of justice to do so, they will release you on bail. However, your hearing can be postponed for an additional 7 days.
You may be fined up to R2,000 or imprisoned for up to six years, and repeat offenders may have their license suspended. Furthermore, you can face a criminal record of up to 10 years.
In Conclusion
While consuming alcohol may be fun, it’s not worthwhile if you’re getting behind the wheel. Not only do you risk endangering your own life, but your reputation is also at stake. Instead, if you do want to drink, rather use public transport, catch a lift from a sober driver, or enjoy alcohol from the comfort of your home.