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The below articles are only basic guidelines.Please contact Scorpion Legal Protection for more information.
Drunk driving is never a good idea. Here’s what happens if you get caught.
You will be arrested for being over the limit: If you are suspected of drinking and driving, you will be breathalysed. If the breathalyser tests positive (and you are found to be over the legal limit), the police are entitled, under Section 40(1) of the Criminal Procedure Act 51 of 1977 (the CPA) to arrest and charge you.
You will be detained: Once arrested, authorities are then allowed to detain you for further evaluation. You’ll be taken into custody at the closest police station and sent for further testing at an alcohol testing centre where they will take blood. However, despite the positive reading on the breathalyser, an accused person is still presumed to be innocent until proven guilty.
They will take blood: According to Section 65(9) of the CPA, you may not refuse permission for a blood specimen to be taken. You can demand to be shown that a sealed syringe and needle is used during the taking of the blood. According to Section 37(2)(a) of the CPA, the people that are authorised to take blood specimens are “medical officers of a prison, district surgeons or, if requested to do so by a police official, a registered medical practitioner or a registered nurse”. Your blood will be sent to a state laboratory for scientific analysis.
What then? A docket will then be opened and you will be allocated an investigating officer who will follow up on your blood test results. According to the SAPS website, you will then be held in custody until you are either released on bail or make your first appearance in court. According to Section 50(1)(d) of the CPA, you have to appear within 48 hours of being arrested, but this time period may be extended on weekends or public holidays, as the courts are not open.
Date added: October 2019
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