Think before you drink and drive

MBOMBELA – A thing to consider before you have your next drink is that even after just one drink, you could be over the legal limit.

Alcohol can linger in your system for up to eight hours after the consumption of your favourite beverage.

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Section 65 of the National Road Traffic Act 93 of 1996 (NRTA) contains information regarding the legal limit of alcohol which can be in your system while you are driving. The concentration of alcohol in a blood sample must be less than 0,05 gram per 100 millilitres. The concentration of alcohol in any sample of exhaled breath measured must be less than 0,24 milligrams per 1 000 millilitres.

If found to be over the limit, you will be arrested, detained and charged in terms of Section 40(1) of the Criminal Procedure Act 51 of 1977(CPA). Section 65(5) of the NRTA prohibits driving while under the influence of intoxicating drugs or liquor.

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According to Section 65(9) of the NRTA, a person arrested for a drink-and-drive offence is not permitted to refuse permission for a blood specimen to be taken. However you can request that your medical practitioner be present when blood is drawn.

You will have to appear in court within 48 hours of being arrested and then apply for bail with the investigating officer or the prosecutor handling your case. As the courts are not open on weekends and public holidays, you may have to spend more than the aforementioned time in a holding cell.

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Depending on prior convictions, as well as the prevailing circumstances surrounding your arrest, you may face a minimum fine of R2 000, or a two-year prison sentence, or both.  In addition to the aforesaid, your driver’s licence may be suspended and you will have a criminal record, which will have long-term consequences, with regards to your employability.