Drunk Driving and Road Safety

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

1. 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.

For More Information on Drunk Driving also visit:

• Alcohol and Accidents

• Alcohol and Legal Implications

• Alcohol Classification

• Breath Measurement

• Brutal Facts

• Clinical Examination

• Confiscation of Vehicles

• Court Procedure

• Drink and Drive Offences

• Drinking after an Accident

• Drinking and Driving Statistics

• How Much is Too Much?

• Medical-Legal Facts

• The Blood Test

• The Test/ The Arrest

• NICRO and the Road Offences Panel Programme

• South Africans Against Drunk Driving (SADD)

 

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