The Act of Drinking and Driving Again and Again

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Drunkard driving and the law

07 Feb 2018

Many of us take been in the state of affairs where we have concluded upward at a get-together with friends, loved ones or work colleagues and have recklessly partaken in impulsive merriment that has ended upwards in us getting behind the wheel later one too many drinks – the old proverb, "One for the road" comes to mind.

How much is "one too many"?

Co-ordinate to News24 in an article entitled "SA – Worst in the world for boozer driving"

"An international survey undertaken in 2022 revealed that Due south Africa had the highest number of drunk driving incidents at 58% with Canada next on 34% and China the least on 4%"

Department 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 i shall drive or even occupy the driver's seat of a motor vehicle (with the engine running) on a public road if their blood booze content is over the legal limit.

The NRA differentiates betwixt normal drivers and professional drivers (those drivers who concur professional driving permits). For normal drivers, the concentration of alcohol in any blood specimen must be less than 0,05 gram per 100 millilitres, and in the case of a professional person driver, less than 0,02 gram per 100 millilitres. 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 person driver, less than 0,10 milligrams per 1 000 millilitres.

Simply put, the rule of thumb is a maximum of one unit of alcohol per 60 minutes, which constitutes 10ml of pure alcohol, based on an developed weighing 68kg. Our bodies can simply process or break down one unit of booze each hour. Notwithstanding, it is important to be aware that if you weigh less than 68kg your body will demand more time to process the same amount of alcohol.

To put this into perspective, the Car Association (the "AA") says the post-obit:

"Alcohol significantly slows reaction time and distorts your vision, and the effects of a heavy night of drinking could well affect your driving ability the next morning, and you may still even be over the legal limit. After only 1 unit of alcohol, your chances of being in an accident are doubled, and when you are at the legal limit of 0.24mg, you are 4 times more likely to exist in an accident."

How do I know what represents one unit of booze (in layman's terms)?

Hither is an approximate breakdown of alcohol units per drink type:

1. i x 75 ml drinking glass of wine = i unit
2. 1 x 250 ml drinking glass of wine = three.iii units
3. 1 10 shot/shooter = ½ unit in nigh instances
4. 1 ten spirit cooler = almost 1.25 units
5. one 10 beer = 1.five units or mayhap more
6. 1 x cider = ii units
7. 1 x 25 ml tot of spirits = i unit
8. one x cocktail = Betwixt 2 and four units

According to Dr Charles Parry of the Alcohol and Drug Corruption Research Group under the Medical Inquiry Council (MRC) "40% of drivers who dice on the road accept alcohol levels in excess of .08 gms / 100 ml", significantly above the legal limit.

Are there whatsoever quick set sobering solutions?

#askingforafriend

In case you are wondering, or innocently "asking for a friend" – are there whatsoever quick-fix solutions? The simple reply is no. The search for a way to sober up fast is an endless i. In that location are many tall tales and clandestine recipes out at that place that merits to have solved this trouble. Unfortunately, none are backed by scientific discipline – drinking coffee to get sober is a myth, as is taking a cold shower, drinking a litre of water or eating fatty foods (this should exist done earlier you drink). Once the booze is in your system your liver is going to need fourth dimension to process information technology. Therefore restricting yourself to only one unit per hour will give your trunk the time information technology needs to stay sober in the eyes of the constabulary. When alcohol enters your tum, it's rapidly absorbed into your bloodstream through the breadbasket lining and small intestine. However, some alcoholic drinks are captivated faster than others – a shot of the hard stuff volition get you drunk faster than a beer. You may brainstorm to experience the effects within 10 minutes of drinking and the effects will tiptop around 40 to sixty minutes afterwards.

What happens if you are really caught driving under the influence?

Perhaps you've been "lucky" up to now and you have not been caught drinking and driving. Maybe you believe that y'all are capable of driving drunk. In that location are virtually probably still those few who despite evidence to the contrary, insist that they are completely fine to get behind the cycle and drive themselves home. They accept nearly likely even added that they "live 5 minutes down the route, what could go wrong". Well, a lot actually.

If you're found guilty of drunk driving in S Africa you could face to half-dozen years in jail. You could besides be liable for fines of up to R120 000 and your driver's license may be suspended. You will have a criminal tape which can accept serious ramifications for the rest of your life. Of form, the worst case scenario is that you could kill someone else on the route, your loved ones, or yourself.

The term "drunken driving" refers to 2 different criminal charges, namely:

1. Driving while under the influence of an exhilarant liquor or drug having a narcotic result; and
2. Driving while the concentration of alcohol in your blood or breath is over the specified limit.

Sometimes "reckless or negligent driving" and even "inconsiderate driving" may be included as charges. The charges relate to driving on a public route and cover both actual driving, and also being in a drunken condition while occupying the driver's seat of a vehicle while the engine is running.

To "take hold of" boozer drivers, official roadblocks are conducted past the South African Police Service (SAPS), Metropolitan Police Departments and other law-enforcement agencies. These checkpoints are there to discourage people from driving while under the influence. When stopped at a roadblock, a law enforcement officeholder may cull to breathalyse you at their sole discretion. What may happen post-obit the roadblock is as follows:

1. You will be arrested for being over the limit: if you are suspected of drinking and driving, you will exist breathalysed. If the breathalyser tests positive (and y'all are found to be over the legal limit), the police official is entitled, nether Department 40(one) of the Criminal Procedure Act 51 of 1977 (the "CPA") to formally abort and charge the accused with the offence of contravening section 65(5) of the NRA, which prohibits driving while nether the influence of intoxicating liquor or drugs. Do not resist abort or become fierce nether whatsoever circumstances equally such behaviour may prejudice your chances of beingness released on bond. Y'all must exist treated with dignity, and exist read your rights – including your correct to remain silent and your right to phone one person to inform them of the state of affairs (call your attorney, family or a friend). You must provide the officeholder with your full proper name.

2. Yous will be detained : in one case arrested, authorities are then allowed to detain y'all for farther evaluation and co-ordinate to Sec l of the CPA, you shall "as soon as possible", be taken into custody at the closest police force station and sent for further testing at an alcohol testing centre. However, despite the positive reading on the breathalyser, an accused person is still presumed to be innocent until proven guilty. Section 35 (iii)(h) of the Constitution of the Republic of South Africa states that "Every accused person has a right to a fair trial, which includes the right to exist presumed innocent, to remain silent, and not to testify during the proceedings". The State must therefore bear witness, by admissible and credible evidence that the accused was indeed over the legal limit during the act of driving or occupancy. This involves the taking of a blood sample as is set out in Section 65(9) of the NRA in order to prove their case.
3. Who tin take blood for these purposes? According to Sec 65(nine) a person arrested for ane of the potable-and-bulldoze offences is not entitled to refuse permission for a blood specimen to be taken. Still, an arrested driver can request that his or her medical practitioner be present. In accordance with the rights of an arrested, accused or detained person under our Bill of Rights, the accused tin need to be shown that a sealed syringe and needle is used during the taking of the blood. Co-ordinate to Section 37(2)(a) of the CPA, the people that are authorised to take blood specimens are "medical officers of a prison, commune surgeons or, if requested to practise so past a police force official, a registered medical practitioner or a registered nurse". Once the authorised person takes your blood sample, information technology will exist submitted to a state laboratory for scientific analysis. The analysis enables an practiced to ascertain the estimated quantity of alcohol in the person'south blood at the fourth dimension of the examination and must be done within ii hours of the alleged human activity.
4. What then? A docket will then be opened and you will be allocated an investigating officer who volition follow up on your blood exam results. According to the SAPS website, you lot will then be held in custody until you are either released on bail or make your first advent in court. According to Section 50(i)(d) of the CPA, you will have to appear within 48 hours of being arrested but this time catamenia may be extended on weekends or public holidays as the courts are not open. This could mean spending 48 to 72 hours in a holding cell – Imagine being arrested on a Friday night and only actualization in court on Monday?!
5. Bail: a person who has been detained (as contemplated in Department 50(1)(a) of the CPA) shall, as soon equally reasonably possible, be informed of his or her right to institute bail proceedings. Co-ordinate to Section 58 of the CPA, an accused in custody tin be released after the payment of, or the furnishing of a guarantee to pay, a sum of coin determined for his bail.  The accused must thereafter appear at the place and on the engagement and time appointed for his or her trial. An accused can apply for bond at the police station before his/her commencement courtroom appearance, and can exist released by a police official of, or above, the rank of non-deputed officeholder, (in consultation with the police official charged with the investigation), with regards to minor offences. For more serious offences, bail is granted by a prosecutor and in all other serious instances, may only be applied for in court. The Magistrate or Judge (depending on the seriousness of the offence), uses their own discretion, when because the circumstances of every case and orders the corporeality of bail to be paid. The amount is dependent on numerous factors, including the nature of the crime, the interests of justice and other reasonable weather, such equally the being of a previous charge, affordability and income.
6. Sentencing : once the in a higher place has all taken place, the accused must then exist brought to Court where the State, through a prosecutor, must show a example beyond a reasonable doubt during a trial. This will include the state proving that the analysis was made past an expert who had the necessary skill and that the specimen analysed was that of the accused. A long and lengthy process which involves leading evidence by both the Country and the accused's defence team ensues and could take many months to finalise. However, information technology is important to remember that any arrested, accused or detained person, under our Bill of Rights at Section 35, has the correct amidst others, to legal representation, which if they cannot afford to pay for themselves must be provided past the Land.
7. Consequences of a DUI: Depending on the circumstances, sentences tin can vary from imprisonment (up to half-dozen years), to a fine (minimum of R2000), to the intermission of your driver's licence. The court can suspend these sentences on condition that you don't break the police force once again. Besides for the proceedings being time consuming and potentially plush, there are numerous negative long term consequences which tin can follow you years into the future. Your health, vehicle, finances, job and studies tin can exist afflicted severely. A criminal record for drunk driving can stay with yous for up to 10 years and can seriously hinder your employability and your condition in the eyes of employers.

The safest solutions

Give up drinking. While that does seem similar the most appropriate advice, it is not the almost realistic.

Requite upward driving? Nosotros take ready out some advice below taken from an article entitled "A existent friend does not let yous drive drunk" published on the Woman on Wheels website which we think provides very exercise-able solutions:

 "Ways to get home without drunk driving:

1. Program and clarify : earlier the first potable is ordered or poured, make sure your friend has made an alternative program to go dwelling. This also means that you tin political party your center out without the worry of feeling responsible for your friend at the stop of the night.
2. Uber: t here are loads of taxi services available, just when it comes to convenience and affordability your all-time bet is Uber. If your friend doesn't have Uber, you can all the same order one for him/her from your business relationship and pat yourself on the back at the end of the dark for existence a great friend.
3. Designated commuter : if both of you are drinking, phone a friend or family member to collect you and if you're worried about leaving your car on the road overnight, enquire your sober friend to bring another sober friend to drive the other car home. Make them breakfast in the morn and offering to return the favour one 24-hour interval."

So forget the "one for the road" and recollect that drunk driving is a crime. So think earlier you potable, remain responsible, and e'er Get in Alive.

See besides: The Cannabis judgment: Implications for society and the workplace

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/southward or the relevant provider.)

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Source: https://www.golegal.co.za/drunk-driving-law/

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