Brief Summary:
Legislation:
The National Road Traffic Act (NRTA), Act 93 of 1996 as amended.
Section 65: Driving while under the influence of intoxicating liquor or drug having narcotic effect, or with excessive amount of alcohol in blood or breath
- No person shall on a public road
- (a) drive a vehicle; or
- (b) occupy the driver’s seat of a motor vehicle the engine of which is running, while under the influence of intoxicating liquor or a drug having a narcotic effect.
Blood Alcohol Content (BAC) limits:
Concentration of alcohol in blood: 0,05 gram per 100 millilitres (all drivers), professional drivers: 0,02 gram per 100 millilitres.
Breath alcohol content: 0,24 milligrams per 1000 millilitres (all drivers), professional drivers: 0,10 milligrams per 1000 millilitres.
Any person detained for an alleged contravention of any provision of this section shall not –
(b) during his or her detention smoke until the specimen has been taken, as the case may be.
No person shall refuse that a specimen of blood, or a specimen of breath, be taken of him or her.
Penalties Imposed For Drunk Driving
Section 35: On conviction of certain offences licence and permit shall be suspended for a minimum period and learner’s or driving licence may not be obtained
(1) Subject to subsection (3), every driving licence or every licence and permit of any person convicted of an offence referred to in –
(a) section 61 (1) in the case of death of or serious injury to a person’
(b) section 63 (1) driving recklessly,
(c) section 65 (1), (2) or
here such person is the holder of a driving licence or a licence and permit, shall be suspended in the case of -(i) a first offence – for a period of at least six months
(ii) a second offence, for a period of at least five years; or
(ii) a third or subsequent offence, for a period of at least ten years.
