Overview of the legal consequences of drunk driving in South Africa

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Firstly, let’s start by clearing up any confusion; driving while under the influence of alcohol or other substances is a criminal offence and is punishable by law In South Africa, our land.

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Section 65 of the National Road Traffic Act 93 of 1998 states that the legal limit for driving should be less than 0.05 g of alcohol per 100 ml of blood.

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And in a breathalyser test, the concentration of alcohol should be less than 0,24 mg of alcohol per 1 000 ml of breath.

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Anything above that counts as intoxication.

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There’s a frightening trend amongst motorists who swear they can drive while intoxicated.  Some go as far as stating they drive even better under the influence.

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Whether that’s true or not, the fact remains that it is against the law to do so, and drunk driving can lead to severe consequences.

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If you’re found guilty of drunk driving, you’re looking at paying a fine of between R2 000 and R120 000. 

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When drunk driving, you could be charged with Driving Under the Influence (DUI) or given a suspended sentence. If you are caught again, the previous and new penalties will apply.

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So repeat offenders may run out of luck the more they re-offend. Magistrates usually punish repeat offenders more harshly than those with no previous convictions.

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The minimum sentence for a first-time offender is up to six months in prison, while repeat offenders may face a penalty of up to 6 years. 

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Not only do you risk imprisonment, but drunk driving also endangers countless lives, your own included. 

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According to Arrive Alive (AA), if you kill someone while driving drunk, you can also be fined up to R180 000. And in extreme cases, you could face jail time and a fine.

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That’s not all; an individual convicted of drunk driving may also face a suspension of their driver's license for a minimum of five years or lose the licence entirely and get a criminal record of about 10 years.

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The ruling court may also impose additional penalties, like community service or compulsory attendance in a rehabilitation programme.

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So instead of spending your weekends unwinding with friends and a few refreshments, you could be in the hot sun picking up rubbish or having awkward interactions with strangers that start with, “Hi guys, my name is …, and I’m an alcoholic.”

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Not our idea of fun either!

How a drunk driving incident can affect your car insurance and how to notify the insurance company

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An age-old proverb states that bad things come in threes, but in this case, they come in fours.

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Drunk driving leads to possible fines, imprisonment and licence suspension, and it can also affect your car insurance.

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A criminal record or past drunk driving record will cause your insurance provider to see you as a risk for future car coverage. 

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A drunk driving conviction is a major offence, and insurance companies will typically raise your premium accordingly. 

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You are perceived as a reckless driver, leading to you paying more to cover your car than the average person. This increased premium can last for several years at a time.

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And should you be found guilty of a DUI, most insurance companies will reject claims resulting from an accident where the driver was under the influence of alcohol.

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In more severe cases, your insurance company can cancel coverage if they feel you are too high of a risk. 

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Even more devastating is the fact that finding coverage for a person with a criminal record is difficult. Many insurance companies refuse to insure a person convicted of drunk driving; the risk is simply too much.

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After a drunk driving incident, you must notify your insurance company immediately.

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Contact can be established in numerous ways, typically by calling the customer care department, sending an email, uploading the information on the insurance provider’s app or visiting a local office. 

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You will need to provide basic information about the incident, including the date, time, and location.

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Be honest and upfront about the circumstances of the incident. This will help ensure that your insurance company has sufficient information to handle your claim correctly.

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The insurance company could ask you to provide a copy of the police report or any other relevant documentation. When contacting your insurance company, it is vital to have these documents on hand.

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After that, your insurance provider will likely offer instructions on how to lodge your claim. 

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Following the given steps ensures that your claim is handled promptly and efficiently.

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And remember, should the outcome of your claim be unsatisfactory, you only have yourself and liquor to blame.

Steps to take immediately following a drunk driving incident

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If you or any other person has been injured in the incident, seek medical attention as soon as possible. 

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We don’t recommend sleeping it off as sound medical advice, as symptoms of some injuries (traumatic brain injury or back, neck, or spinal injuries) may only develop days or weeks after your accident. 

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Prevention is better than cure, even if you believe your injuries are minor.

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After you’ve sought medical assistance, notify the police and report the incident. 

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Be sure to provide a clear and accurate account of what happened, but be careful not to make any incriminating statements or admit guilt. 

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An admission of guilt has the potential to work against you.

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If the police ask you to take a breathalyser or blood test, simply comply. Refusing a chemical test can result in additional charges and penalties.

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If you’ve been charged with drunk driving, it’s not the end for you just yet. Therefore you need to know your rights and what to do if you are arrested, charged, or detained. 

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You have the right to obtain legal representation. A DUI attorney can advise you on your rights, represent you in court, and help protect your interests.

Tips for protecting yourself, your rights and the legal proceedings that may follow

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Obtaining an attorney should be high on your priority list. Your lawyer will protect your rights and guide you through the legal process.

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The lawyer may advise you to uphold certain rights, such as remaining silent and not incriminating yourself. Use this right and avoid discussing the incident or answering questions without an attorney present.

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During the incident, be polite and respectful to the police officers. Do not resist arrest or refuse chemical tests. 

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As much as you're allowed not to take a breathalyser or blood test, failure to do so may result in a licence suspension, so keep that in mind.

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Should the incident lead to legal action being taken against you, if you have been injured, keep records of your medical treatment.

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If possible, take photographs of the accident scene and collect the contact information of any witnesses. This information may prove helpful in your defence.

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Lastly, stay informed of the court proceedings and follow the advice of your attorney, and you may just come out of it alright.

Prevent future incidents by understanding the risks associated with drunk driving and taking steps to avoid it

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If it wasn’t clear enough, drunk driving is a severe problem. It poses a significant threat to the safety of yourself, your passengers, and other road users. 

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Besides the legal proceedings being time-consuming and costly, numerous negative long-term consequences can follow you years into the future. 

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For instance, a DUI conviction can impact your ability to find or keep a job, especially one that involves driving or requires a professional license.

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DUI convictions may also make travelling to other countries difficult, as some may deny entry to individuals with criminal records.

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And finally, the whole ordeal can cause irreparable damage to your reputation and relationships, leading to feelings of shame, guilt and isolation.

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Luckily, there are many ways that you can avoid getting behind the wheel when you’re not sober. 

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Before you go out:

• Choose a designated driver.
• Make arrangements for a taxi or an e-hailing service like Uber or Bolt.
• Use other public transport modes.

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Like many alcohol advertisements, we also advise drinking responsibly. ​​

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If you partake, do so in moderation and limit your intake to a safe level. Also, make sure that you’re downing more water than you are wine. 

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Water between drinks will keep you hydrated and slow your alcohol consumption, giving your liver more time to process.

Support and resources are available for those involved in a drunk driving incident

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If, after all of this, you still managed to find yourself involved in a drunk driving incident (not judging, but judging), here are some helpful resources to help remedy your sticky situation.

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Again, legal representation should be your number one priority. 

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A lawyer will help you navigate the legal consequences of a drunk driving incident, such as court appearances and fines.

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If alcohol played a role in the incident, you might benefit from seeking treatment to address any underlying issues with substance abuse.

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Thankfully, the South African Department of Health and private treatment facilities offer rehabilitation services for individuals struggling with addiction.

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Even the aforementioned ‘Alcoholics Anonymous’ supports individuals struggling with alcohol addiction. Attending AA meetings can help provide emotional support and a sense of community for those affected by a drunk driving incident. 

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You can find the AA in many provinces like the Western Cape, KZN and Gauteng.

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Organisations such as South Africans Against Drunk Driving (SADD) try to create awareness of South Africa’s drunk driving issue and aim to combat the use of alcohol and drugs by road users.

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And, of course, if you were involved in a drunk driving crash and suffered injuries or lost a loved one, you may be eligible for victim support services.

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Counselling, financial assistance, and other forms of support are available, with organisations like Arrive Alive providing support and resources for crash victims.

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It's essential to seek help and support after a drunk driving incident both for the well-being of the individuals involved and to prevent future incidents from happening.

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Help is only a click of a few buttons away.

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Secure peace of mind on the road ahead — Get your quote today and drive with confidence!

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