drunk driving arrests roads

Drunken driving arrests have increased on Cape Town roads. Image: Envato Elements

What you need to know about drunk driving arrests

Drunk driving is a major issue across all provinces. Here’s what you need to know when you fail a breathalyser test.

drunk driving arrests roads

Drunken driving arrests have increased on Cape Town roads. Image: Envato Elements

Earlier this month in Douglasdale, a woman was pulled over on suspicion of drunk driving. Authorities reportedly forced her to give a blood sample. A video of Douglasdale officers restraining the woman went viral on Facebook.

Following the public’s outcry, the City of Johannesburg released a statement and confirmed that the incident will be subject to an internal investigation. However, media specialist Chantelle Fourie-Shawe said in the statement:

“It is critical to note that the law does permit a police officer to physically restrain a person who refuses to provide a blood sample for law enforcement purposes.”

She assured the media that the City of Johannesburg will investigate and “determine whether the appropriate use of force was used by law enforcement officials”. She added:

“If anyone is found guilty of any wrongdoing, they will face appropriate and swift disciplinary action.”

Netizens rushed to the comment section. Some were advising the woman to get a lawyer in order to “walk away rich” from this incident. Others said it would have been worse if she had killed someone while under the influence.

Questions about a citizen’s rights when arrested for drunk driving are doing the rounds, and we thought it was the perfect time for a refresher.

What is the legal limit?

According to Section 65 of the National Road Traffic (NRA) Act 93 of 1996, a person cannot drive or even occupy the driver’s seat of a car with the engine running if their blood alcohol content is over the legal limit.

The concentration of alcohol in any blood specimen must be less than 0,05 gram per 100 millilitres. Drivers who hold professional driving permits must adhere to the limits of 0,02 gram per 100 millilitres.

In other words, if you weigh approximately 68kg and consume more than 10ml of pure alcohol per hour, you will be over the legal limit. People who weigh less than 68kg will process the same amount of alcohol slower.

So, if you want to enjoy a drink while out on the town, keep these measurements in mind, courtesy of Go Legal:

  • One 75 ml glass of wine = 1 unit
  • 1 x 250 ml glass of wine = 3.3 units
  • One shot/shooter = ½ unit in most instances
  • 1 x spirit cooler = about 1.25 units
  • One beer = 1.5 units or possibly more
  • One cider = 2 units
  • 1 x 25 ml tot of spirits = 1 unit
  • 1 x cocktail = Between 2 and 4 units

What are my rights when arrested for drunk driving?

A person arrested for drunk driving isn’t entitled to refuse permission for a blood specimen to be taken.

However, only a prison medical officer, a district surgeon, a registered medical practitioner or registered nurse are authorised to take a blood specimen.

Once arrested, you are required to tell the police your home address and provide your full name. According to the South African Police Service:

“A police officer may not request any further information from you including in respect of your activities or organizations you are involved with.”

Furthermore, the state must be able to prove that the analysis was made by an expert who had the necessary skill; and that the specimen analysed was that of the accused.

In addition, the examination has to be carried out in a place designed and equipped for these purposes. In other words, a blood sample cannot be taken in a police cell, a charge office or any other poorly equipped area.

When arrested, you still have the right to be treated with respect, and the right to know who the medical practitioner is. The process of what will happen during the examination must be discussed with you.

Can I go to jail for drunk driving?

Yes. If found guilty, you could face up to six years behind bars. In addition, your driver’s license may be suspended. You could be held liable for fines of up to R120 000.

Furthermore, you will have a criminal record. If you think this is excessive, keep in mind that drunk drivers could kill someone else on the road, including your loved ones.

What happens when you are pulled over at a roadblock

Breathalyser and blood tests

You will be breathalysed. If you are over the legal limit, you will be arrested and charged with contravening section 65(5) of the NRA. Resisting arrest or becoming violent will only make it worse; you may forfeit the possibility of being released on bail.

While you cannot refuse that a blood sample is taken, you can request that your medical practitioner be present.

In accordance with the rights of an arrested, accused or detained person under our Bill of Rights, the accused can demand to be shown that a sealed syringe and needle is used during the taking of the blood.

Being detained for drunk driving

Following that, you will be taken into custody at the closest police station . You may also be sent for further testing at an alcohol testing facility.

You will have the right to be treated with dignity, the right to remain silent and the right to phone one person – a lawyer, a family member or friend – to inform them of the situation.

In detention you may be searched. You may however not be searched without your consent and a person of the same sex should conduct the search.

Investigation, bail and hearing

After the tests have been conducted, a docket will be opened and an officer will be assigned to the case. You will be held in custody until you are either released on bail or appear in court.

According to Section 50(1)(d) of the CPA, you will have to appear within 48 hours of being arrested. This time period 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, especially when arrested on a Friday. You will only appear in court the following week.

According to the SAPS, you have the right to be informed of the reason for being detained. In addition:

  • The police must inform a detainee of these rights and when informed it must be in a language that the person can understand.
  • Choose to, and consult with an attorney of his/her choice; should such person not have the means to appoint an attorney of choice, to have a legal practitioner assigned by the state at the state’s expense and to be promptly informed of such rights.
  • Be contained in conditions that are consistent with human dignity; including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment.
  • Communicate with, and be visited by, the person’s spouse or partner, next of kin, chosen religious counselor, and chosen medical practitioner.
  • Be presumed innocent until proven guilty.