Best Drunk Driving Lawyers in Port Elizabeth

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Van Heerdens Attorneys

Van Heerdens Attorneys

Port Elizabeth, South Africa

Founded in 2013
10 people in their team
OverviewVan Heerdens Attorneys is one of Port Elizabeth’s most innovative and respected specialist providers of divorce and family law solutions.We...
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About Drunk Driving Law in Port Elizabeth, South Africa

Drunk driving is illegal in Port Elizabeth, South Africa, as it is across the country. The law in South Africa strictly prohibits operating a vehicle while your blood alcohol concentration is over the legal limit of 0.05 grams per 100 millilitres. The law is taken extremely seriously, with authorities conducting random breath testing and setting up roadblocks to discourage the practice and ensure road safety.

Why You May Need a Lawyer

Given the strict nature of the Drunk Driving law, facing such charges can result in severe penalties including fines, imprisonment, or loss of driving privileges. You may need a lawyer to navigate the complex legal process, to represent you in court, and possibly to negotiate lesser charges or punishments. If you've been involved in an accident while alleged to be drunk driving, the legal complexities increase, further requiring professional assistance.

Local Laws Overview

The National Road Traffic Act 93 of 1996 is the primary legislation governing drunk driving in South Africa. According to this act, no person shall be on a public road while driving or operating a vehicle if their breath or blood alcohol concentration exceeds the legal limit. The limit is less than 0.05g/100ml for regular drivers, and less than 0.02g/100ml for professional drivers. Those found guilty can be sentenced to up to six years in prison or be given substantial fines, with a possibility of having their driver's license revoked.

Frequently Asked Questions

What is the legal alcohol limit in South Africa?

The legal blood alcohol limit for regular drivers in South Africa is less than 0.05 grams per 100 millilitres. For professional drivers, the limit is less than 0.02 grams per 100 millilitres.

What penalties can be imposed for drunk driving?

Penalties can include substantial fines, imprisonment for up to six years, or a driver's license suspension.

How does law enforcement determine if a driver is under the influence?

Authorities use breathalyzers, blood tests, and field sobriety tests to determine if a person is driving under the influence of alcohol.

Do I have to take a field sobriety test?

Under South African law, you are obliged to comply with a request from an officer to undertake a field sobriety test. Refusal is considered a criminal offence.

Can I refuse to provide a blood or breath sample?

Refusal to provide a breath or blood sample at the request of a traffic officer is also treated as a criminal offence.

Additional Resources

Additional resources include the Department of Transport, Road Traffic Management Corporation, The South African Police Service (SAPS), and South African National Council on Alcoholism and Drug Dependence (SANCA). These organisations provide information and support regarding drunk driving laws and enforcement.

Next Steps

If you need legal assistance for drunk driving charges in Port Elizabeth, it's advised to secure a consultation with an experienced lawyer right away. Be clear with your lawyer about the circumstances of your case, provide all the details accurately, and cooperate fully. Remember, it’s important to understand your rights under the law.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.