Your Rights When Contravening The Drunk Driving Laws

You will require the assistance of a criminal lawyer if you are found to have contravened the drunk driving laws in South Africa. There are two separate ways in which you can contravene the drunk driving laws; by either driving under the influence of alcohol or under the influence of a drug that has a narcotic effect. Both these misdemeanours are taken very seriously by traffic officials as well as the court system in South Africa and it is important that you know what your rights are if you ever find you self in this situation.

First it is important to understand what the levels of alcohol in your system will constitute a contravention of the drunk driving laws. The alcohol to blood ratio may not be more than 0.05 grams of alcohol per 100 millimetres of blood. When breathalysed, the concentration may not exceed 0.24 milligrams per 1000 millimetres of breath exhaled. You may not refuse to take a breathalyser test but can refuse a blood test for a number of reasons such as health or religious beliefs. Once you have been breathalysed and found to have been in contravention of the drunk driving laws you will be immediately arrested and taken to the local jail.

The first thing you need to do when you arrive at the jail is to contact your criminal lawyer. He or she will advise you of your rights in this situation. However, it is important to know that you have the right to remain silent and do not have to admit guilt or answer any questions regarding the crime you have been arrested for. A blood sample can only be taken up to 2 hours after your arrest to be valid in court.

Make sure that you are aware of your rights when you are caught in contravention of the drunk driving laws in South Africa, simply by contacting us.