Drunk Driving is one of the biggest threats to Road Safety in South Africa. Research indicates that 50% of people who die on the roads have a blood alcohol concentration above 0.05 grams per 100 millilitres.
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 a narcotic effect, or with an 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:
A concentration of alcohol in blood: 0,05 grams per 100 millilitres (all drivers), professional drivers: 0,02 grams 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 the permit shall be suspended for a minimum period and a 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 or serious injury to a person
(b) section 63 (1) driving recklessly,
(c) section 65 (1), (2) or (5)
where 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.
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