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In Johannesburg, South Africa, handling cases of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) is under the strict purview of South African law. If someone is charged with these offences, it generally means they were caught driving a motor vehicle with a blood alcohol content exceeding the legal limit, which is 0.05g per 100ml. Both DUI and DWI laws are enforced harshly in Johannesburg to deter drunk driving and ensure the safety of road users.
Even though judicial DUI/DWI processes might seem straightforward, they can be complex. Mistakes on your part can lead to severe penalties, including loss of driving privileges, hefty fines, or even imprisonment. A lawyer with a background in DUI/DWI laws can help you navigate these intricacies. Their expertise is also useful in challenging the validity of the evidence against you, examining the procedures followed during arrest, and helping develop a sound defense strategy.
Local DUI and DWI laws in Johannesburg primarily stem from the National Road Traffic Act 93 of 1996. The act establishes that any driver found with a blood alcohol concentration exceeding 0.05g/100ml stops, or breath alcohol concentration over 0.24mg per 1,000ml, is guilty of an offence. Convictions can result in up to six years of imprisonment or monetary fines not defined by the act, but determined by the severity of the offence. Repeat offences paint the offender as habitual law breaker, which could lead to severe penalties.
1. What if this is my first DUI/DWI offence?
Even if it's your first offence, you could still be subjected to a heavy fine, suspension of your driving license, or possible imprisonment.
2. Can I defend myself in court without hiring a lawyer?
While the South African legal system allows you to defend yourself, it is advisable to hire an attorney because of the complexities involved in DUI/DWI cases.
3. How long does a DUI/DWI conviction stay on my record?
Convictions stay on your record for a minimum of 10 years. If convicted, you will be deemed not fit to possess a firearm.
4. Is refusing a breathalyzer test an option?
Refusing a breathalyzer test is considered a criminal offence and can result in additional charges.
5. Do I have to disclose my DUI/DWI conviction when applying for a job?
If asked, you should disclose your conviction. Some industries, especially those involving driving or transport, may conduct criminal record checks.
The Department of Transport and the Road Traffic Management Corporation (RTMC) provide various resources that can be of help if you're seeking more information on DUI/DWI in South Africa. The Law Society of South Africa also offers resources and can assist in finding suitable legal representation.
If you have been charged with a DUI/DWI and need legal representation, you should begin by contacting a legal professional who specializes in traffic law. It's crucial to engage a lawyer as early as possible to examine the specifics of your case, guide you through the process and start preparing your defense.
