CHRISTMAS HOLIDAY DRINKS AND THE SAPS/ METRO

Posted on Posted in Criminal law

 

In the event where you may find yourself at the sea, dam or swimming pool during this warm Christmas holiday, enjoying a cold beer or cocktail, knowing that you should drive home afterwards, I would suggest that you should sharpen your knowledge pertaining to the statutory requirements or limits set out in the National Traffic Act 93 of 1996 regarding the offence of Drunken Driving or better described as Driving Under The Influence of Alcohol or Intoxicating Liquor.

 

WHAT IS THERE TO KNOW?

In terms of Section 65 (2) of the National Traffic Act it is set in stone that:

Nobody is allowed to drive a vehicle or alternatively to that, sit in the driver’s seat of a vehicle that is idling, whose

  • blood alcohol limit exceeds 0.05 g per 100 ml blood or in the instance of professional drivers exceeding 0.02 gram per 100 ml blood as set out in section 32 of the Act

 

Should it be found that you were exceeding the abovementioned limits whilst driving, you are guilty of this particular offence.

 

THE GOLDEN RULES TO FOLLOW KNOWING THAT YOU SHOULD DRIVE WHILST DRINKING

means that 2 drinks over the space of 1 hour will put you over the limit. Below is an approximate breakdown of alcohol units per drink type:

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

It is important to take note that a person’s weight as well as liver function as well as alcohol tolerance can influence this breakdown.

 

PROCEDURE

Should you be pulled over on a suspicion of committing this crime, the most important thing you should keep in mind, is to apply as much attention to detail. Remember that you should ONLY observe and do nothing else. Remember that you cannot refuse to produce a blood sample unless you wish to face another charge of obstruction of justice. It is furthermore a requirement that the blood sample should be taken within two hours after a person was arrested. Take further notice whether or if an alcohol free substance was used to cleanse your skin before obtaining the blood sample.