If you NOT guilty – let us Support you but if you are guilty – We Pray that God will humble you and redeem you from your addiction.
What are the legal implications of drinking and driving? Drinking and driving is a criminal offence in South Africa. Section 65 of the National Road Traffic Act 93 of 1996 (the “NRA”’) sets out the legal limits and prohibitions for driving whilst under the influence of alcohol.
Amendment of section 65 of the Act 93 of 1996
Section 65 of the principal Act is hereby amended—
(a) by the substitution for subsections (2) and (3) of the following subsections,
respectively:
‘‘(2) No person shall on a public road—
(a) drive a vehicle; or
(b) occupy the driver’s seat of a motor vehicle the engine of which is
running,
while [the] there is any 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 in the case of a professional driver referred to
in section 32, not less than 0,02 gram per 100 millilitres].
(3) If, in any prosecution for an alleged contravention of a provision of
subsection (2), it is proved that [the] there was a concentration of alcohol
in any specimen of blood taken from any part of the body of the person
concerned [was not less than 0,05 gram] per 100 millilitres at any time
within two hours after the alleged contravention, it shall be presumed, in
the absence of evidence to the contrary, that there was such concentration
[was not less than 0,05 gram per 100 millilitres at the time of the
alleged contravention, or in the case of a professional driver referred
to in section 32, not less than 0,02 gram per 100 millilitres, it shall be
presumed, in the absence of evidence to the contrary, that such
concentration was not less than 0,02 gram per 100 millilitres at the
time of the alleged contravention.] of alcohol in contravention of
subsection (2).’’; and
(b) by the substitution in subsection (5) for the words following paragraph (b) of
the following words:
‘‘while [the] there is any concentration of alcohol in any specimen of
breath exhaled by such person [is not less than 0,24 milligrams per
1000 millilitres, or in the case of a professional driver referred to in
section 32, not less than 0,10 milligrams per 1000 millilitres].’’; and
(c) by the substitution for subsection (6) of the following subsection:
‘‘(6) If, in any prosecution for a contravention of the provision of
subsection (5), it is proved that [the] there is a concentration of alcohol
in any specimen of breath of the person concerned [was not less than
0,24 milligrams per 1000 millilitres of breath] taken at any time within
two hours after the alleged contravention, it shall be presumed, in the
absence of evidence to the contrary, that there was such concentration of
alcohol in contravention of subsection (5) [was not less than 0,24
milligrams per 1000 millilitres at the time of the alleged contravention,
or in the case of a professional driver referred to in section 32,
not less than 0,10 milligrams per 1000 millilitres, it shall be
presumed, in the absence of evidence to the contrary, that such
concentration was not less than 0,10 milligrams per 1000 millilitres
at the time of the alleged contravention].’’.