The National Road Traffic Act (NRTA) of 1996:
Section 65: Driving while under the influence of intoxicating liquor or drug having a narcotic effect, or with excessive amount of alcohol in breath or blood
Main charge: Sec 65 (1.) ‘No person shall on a public road’-
a.) drive a vehicle
b.) occcupy a driver’s seat of a vehicle the engine of which is running
while under the influence of intoxicating liquor or drug having narcotic effect’
NB: Author’s notes: For this a blood or breath test in not required, what is required is proof that the person was driving and that their driving was impaired by the alcohol.
An extremely thorough examination and documentation of behaviour and symptoms is therefore very necessary.
Secondary charges: Section 65 (2) ‘No person shall on a public road’-
a.) drive a vehicle
b.) occupy a driver’s seat of a vehicle the engine of which is running
while the concentration of alcohol in any specimen of blood taken from any part of his or her body is not less than 0,05gram per 100 millitres, or in the case of a professional driver referred to in section 32, not less than 0,02 gram per 100 millitres’.
Secondary charges: Section 65 (5) ‘No person shall on a public road’-
a.) drive a vehicle
b.) occupy a driver’s seat of a vehicle the engine of which is running
while the concentration of alcohol in any specimen of breath exhaled by such a person is not less than 0,24 milligrams per 1000 millitres, or in the case of a professional driver referred to in section 32, not less thatn 0,10 millitres per 1000 millitres’.
2 hour period limit for collection of alcohol specimen to stand up in Court:
Section 65 (3)… if for any prosecution (of Subsection 2) … a blood specimen must be taken within 2 hours of the alleged contravention…
Section 65 (6)… if for any prosecution (of Subsection 5)… a breath alcohol specimen must be taken within 2 hours of the alleged contravention.
Possible fines and consequences:
- Fines of up to R120 000 or R180,00 for death or severe injury caused.
- The laws allow a 9 year sentence for causing severe injury or death.
- Automatic suspension of Licences. Sect 35 National Road Traffic Act states that Drivers licenses must be automatically suspended for:6 months as per the first offence;
- 5 years for the second offence;
- 10 years or more for third or subsequent offences.