You probably attended a friend’s birthday celebration dinner, you had some alcoholic beverage in commemoration of their life and now you have to drive yourself back home. What happens if on your way back home, there is a roadblock instituted by the Traffic department and it is found that you are intoxicated with alcohol?
What is regarded as “Drunk”?
Section 65 of the National Road Traffic Act 93 of 1996 (the “NRA”’) sets out the legal limits and prohibitions for driving whilst under the influence. It provides that no one shall drive or even occupy the driver’s seat of a motor vehicle (with the engine running) on a public road if their blood alcohol content is over the legal limit.
For normal drivers, the concentration of alcohol in any blood specimen must be less than 0,05 grams per 100 milliliters, and in the case of a professional driver, less than 0,02 grams per 100 milliliters. The concentration of alcohol in any specimen of breath exhaled must be less than 0,24 milligrams per 1 000 millilitres, and in the case of a professional driver, less than 0,10 milligrams per 1 000 millilitres.
How can I measure my alcohol intake?
Below is an estimated breakdown of alcohol units per drink type:
- 1 x 75 ml glass of wine = 1 unit
- 1 x 250 ml glass of wine = 3.3 units
- 1 x shot/shooter = ½ unit in most instances
- 1 x spirit cooler = about 1.25 units
- 1 x beer = 1.5 units or possibly more
- 1 x cider = 2 units
- 1 x 25 ml tot of spirits = 1 unit
- 1 x cocktail = Between 2 and 4 units
Does the Law protect me if Traffic officers test me and the results state that I am intoxicated?
Well, no. If you are found guilty of drunk driving in the Republic of South Africa, you could face up to 6 years in jail. In terms of fines, you may be fined up to R120 000 and your driver’s license may be suspended. It is important to note that you will be given a criminal record, as you will either be charged with driving while under the influence of intoxicating liquor or drug having a narcotic effect or driving while the concentration of alcohol in your blood or breath is over the specified limit.
Solution?
Do not drink and drive! If you feel like the Police/Traffic cops unfairly treated you throughout the entire ordeal, kindly get in touch with Manzankosi Corporate Legal Consultancy via email at info@manzankosiclc.co.za or contact us on 067 147 2323 or 081 712 1114.
