Criminal defence · Road traffic charges

DUI and drunk-driving charge attorneys in Phoenix and Durban

If you have been arrested or summoned for driving under the influence, start with the actual charge, the testing process, the police records and the next court date. Rajesh Hiralall Attorneys assists with criminal defence and related bail or first-appearance issues.

South African terminology

What is a “DUI” charge in South Africa?

“DUI lawyer” is a common search phrase, but South African legislation uses more specific language. Section 65 of the National Road Traffic Act 93 of 1996 deals with driving while under the influence of intoxicating liquor or a drug having a narcotic effect and with driving while the concentration of alcohol in a blood or breath specimen is at or above the statutory limit.

A prosecution therefore has to be assessed against the charge actually brought and the evidence relied on. The defence may require consideration of the manner of driving, observations made by officials, the testing process, specimen records, timing, continuity and laboratory or evidential material.

What are the current alcohol limits?

For ordinary drivers, the current statutory blood-alcohol threshold is 0.05 gram per 100 millilitres. For professional drivers, it is 0.02 gram per 100 millilitres. Current government guidance records corresponding breath limits of 0.24 milligrams per 1,000 millilitres for ordinary drivers and 0.10 milligrams per 1,000 millilitres for professional drivers.

The law can change, so the applicable version of section 65 must be checked against the date of the alleged offence. The government has publicly indicated an intention to pursue stricter alcohol-driving rules, but a proposed amendment is not treated as though it were already the law.

What happens after an arrest?

The immediate criminal-procedure questions are where the person is being detained, what charge is recorded, whether release before court is legally available and when the first appearance will occur. If the person remains in custody, our bail application page explains the first steps, and urgent after-hours matters can be started through our after-hours bail service.

Once the person is before court, the matter must be managed as a criminal case. That includes understanding the charge sheet, obtaining and testing the State's evidence, considering any lawful representations, preparing for plea and trial if necessary, and advising on the consequences of any proposed resolution.

Can a DUI or drunk-driving conviction carry serious penalties?

Yes. Section 89 of the National Road Traffic Act provides that specified section 65 offences can attract a fine or imprisonment for a period not exceeding six years. That is a statutory maximum, not a prediction of the sentence in an individual case. The actual outcome depends on the offence proved, the evidence, circumstances, prior record and sentencing principles.

What should an attorney examine?

  • the exact section and wording of the charge;
  • the circumstances of the stop, roadblock or collision;
  • observations recorded about the driver's condition or manner of driving;
  • breath-testing records and device information where relevant;
  • blood-sample timing, identification, sealing, storage and continuity records where relevant;
  • laboratory or certificate evidence relied on by the prosecution;
  • the accused's prior record, licence position and professional-driving status; and
  • any linked charge, collision allegation or bail condition.

Related criminal-law assistance

For broader representation after the first appearance, see our criminal defence service. If the matter proceeds to trial, see criminal trial representation. A prior conviction raises separate questions about record consequences and, where the statutory requirements are met, criminal-record expungement.

Common questions

DUI and drunk-driving charges

What does DUI mean in South Africa?

DUI is a common search term for driving under the influence. South African road-traffic legislation refers to driving while under the influence of intoxicating liquor or a drug having a narcotic effect, as well as driving with an unlawful concentration of alcohol in the blood or breath.

What are the current alcohol limits for drivers in South Africa?

Section 65 of the National Road Traffic Act currently provides blood-alcohol limits of 0.05 gram per 100 millilitres for ordinary drivers and 0.02 gram per 100 millilitres for professional drivers. Current government guidance also records breath-alcohol limits of 0.24 milligrams per 1,000 millilitres for ordinary drivers and 0.10 milligrams per 1,000 millilitres for professional drivers. The applicable law should always be checked for the date of the alleged offence.

What should I do after being arrested for drunk driving?

Record where and when the arrest occurred, the police station, the charge or SAPS case details, what testing was performed, whether a blood or breath sample was taken, and the next court date. Obtain legal advice before making decisions that may affect the criminal case.

Can a drunk-driving charge lead to imprisonment?

Section 89 of the National Road Traffic Act provides that a conviction for specified section 65 offences can attract a fine or imprisonment for a period not exceeding six years. The actual sentence depends on the offence, evidence, circumstances, previous record and sentencing principles.

Will my driving licence automatically be taken away?

A licence consequence is not something to assume from the arrest alone. The charge, court process, conviction, statutory provisions and the order ultimately made by the court must be considered. Professional drivers may also face separate practical consequences because a PrDP is subject to additional requirements.

Can an attorney guarantee that a drunk-driving charge will be withdrawn?

No. The defence depends on the facts, law, testing process, admissible evidence and prosecutorial and court decisions. An attorney can assess the charge and evidence, identify procedural and evidential issues, advise on plea and trial strategy and represent the accused through the criminal process.

Criminal matter

Need advice after a drunk-driving arrest or summons?

Send the date, location, police station, testing details and next court date if known.

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