Welcome to Lawbuntu Learn. Browse through the different legal topics to learn more about the law in South Africa.
One moment can completely ruin your life.
Don’t drink and drive!
Rather call a taxi
Drinking and driving is a crime comitted when someone drives while drunk or on drugs.
The National Road Traffic Act, 93 of 1996, makes it an offence to ‘drink and drive’.
A person can be found guilty of drinking and driving in 3 different ways
There are different limits.
The limit on a breathalyser is 0.24.
A breathalyser reading of 0.24 or above is ‘over the limit’.
The blood limit is different.
The alcohol concentration allowed in a person’s blood is 0.05.
This can only be established by the analysis of a blood sample at a laboratory.
Because drinking and driving is dangerous!
According to the Arrive Alive initiative 13 967 people died from car accidents in the period between 1 January 2010 and 31 December 2010 (38 people a day!)
Arrive Aliveestimates that 50% of drivers killed in car crashes were under the influence of alcohol at the time of the accident.
If you are caught, you may go to prison
Don’t regret one irresponsible decision for the rest of your life
Section 37 of the Criminal Procedure Act gives the police the right to take a sample of your blood in order to investigate a crime.
But the blood must be drawn by a doctor or registered nurse.
No. You do not have a right to demand that your blood is drawn by a doctor of your choice.
The best course of action is to co-operate with the SAPS.
In fact, failing to co-operate with the SAPS can amount to a separate crime in and of itself!
You will have a chance to test the lawfulness of the sample if and when your matter goes to court.
The blood sample must be taken within two hours.
A blood sample that is taken more than two hours after a person was stopped/arrested is not admissible to prove that a person was driving under the influence.
DOWNLOAD Sections 65(3) and (5) of the National Road Traffic Act to understand the crime of 'drinking & driving' better.