We are specialist Criminal Lawyers situated in Morningside Sandton, with a particular specialization in the laws surrounding the offence of drunk driving.

We assist, advise and represent clients throughout the trial process and we vigorously uphold our clients' constitutional and other rights.

Whilst we in no way condone drunk driving we specialize in assisting clients to ensure that the procedure followed by traffic law enforcers is one that is fair and accurate in terms of the law and in ensuring that their rights to a fair trial are protected throughout the process.

Two Separate Offences

Section 65 of the National Road Traffic Act 93 of 1996 creates two separate offences:

• Driving while under the influence of intoxicating liquor or drug having narcotic effect
• Driving a vehicle while the concentration of alcohol in any specimen of blood taken from any part of his or her body is not less than 0,05 gram per 100 millilitres,
  OR
• Driving a vehicle while the concentration of alcohol in any specimen of breath exhaled by such person is not less than 0,24 milligrams per 1 000 millilitres.

Did You Know That?

• The equipment used by the SAPS for extracting blood or breath samples must have been tested and comply with the stringent standards of the South African National Accreditation System (SANAS)
• A blood sample can only be taken within two hours of arrest to be valid
• A breath alcohol test may only be administered by a registered traffic officer who has passed the operations course for the piece of equipment used and is required to carry with him/her an operator's certificate of competence or a certified copy thereof, which must be presented on demand
• The equipment used must be calibrated every six months and the traffic officer operating the equipment is required to carry the calibration certificate with him/her.

Your Constitutional Rights on Arrest

You Have The Right:

• To remain silent and to be informed promptly of this right
• To be brought before a court within 48 hours of arrest
• To a speedy trial
• Not to be compelled to make a confession or admission
• At the first court appearance after being arrested, to be charged or to be informed of the reason for the detention to continue, or to be released
• To be released from detention if the interests of justice permit, subject to reasonable conditions

Contact Us With Your Drunk Driving Charges Requirements