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With stats showing that at least 50% of road deaths are alcohol-related, the authorities will no doubt ensure that once again the Festive Season is also the Season of Roadblocks.  

What happens if you are caught driving “over the limit”?

This is what you face –

  • Immediate arrest and detention

  • A compulsory blood test

  • Prosecution in court (facing substantial penalties, including imprisonment for serious cases)  

  • If you have caused a death you could well be charged with culpable homicide 

  • Suspension of your driver’s licence

  • A criminal record (you can only apply for expungement after 10 years)

  • Whatever happens in court, if you hurt or kill someone else that’s going to be on your conscience.  Drunk driving is a choice you make and you will live with the consequences.

FOR MORE INFORMATION REGARDING AFTER-HOURS BAIL AND HOW IT WORKS, READ HERE: https://hfglaw.co.za/blog/item/37-after-hours-bail-during-the-festive-season-how-does-it-work

Here’s how to avoid all that angst and risk –

  1. The obvious one – don’t drive after drinking.  The limits are (blood) 0,05 gram alcohol per 100 millilitres or (breath) 0,24 milligrams per 1,000 millilitres.  Note that lower limits apply to professional drivers (0,02 gram and 0,10 milligrams respectively).

  2. Remember that many of the online advice columns on how much it’s safe to drink without exceeding the limit are approximations only – stay well under the recommended number of drinks!

  3. If you don’t have a “designated driver” in your group, use a taxi, Uber, Taxify, Home Drive service etc – convenient, cheap, easy, and responsible.

 What if you are arrested?  There’s some good advice in the last section of this article: “Drunk driving in SA: Jail, criminal record and huge fines” on Wheels24.



The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.

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HFG Attorneys Inc. was established in March 2018 after opening the doors in the winelands valley of Paarl, Western Cape. The company’s head office is based in Paarl, but assists its clients anywhere in South Africa when needed.

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HF Gonzales Attorneys Inc. t/a HFG Attorneys (Registration number: 2018/540437/21)