You’ve had a night out, drank a few glasses of alcohol and your only way to get home is with your vehicle. So, you decide to jump into the driver’s seat and start running your engine, feeling overconfident that you will be able to drive yourself home safely – but then you crash into another driver, who may or may not have had their family onboard. Was the tragic accident worth it?
Alcohol abuse is viewed as the excessive indulgence in alcohol, which results in affecting the central nervous system and altering brain functions – causing changes in decision making, behaviour, mood and consciousness that are harmful to the abuser or towards others.
Driving while intoxicated is one of the biggest threats to road safety within South Africa. If you haven’t noticed, South African law takes drunken driving as a very serious offence, and it’s as simple as don’t do it.
South African Road Traffic Law
According to the National Road Traffic Act (NRTA) Act 93 of 1996, Section 65 states that:
“Driving while under the influence of intoxicating liquor or drug having narcotic effect, or with excessive amount of alcohol in blood or breath
No person shall on a public road –
- (a) drive a vehicle; or
- (b) occupy the driver’s seat of a motor vehicle the engine of which is running, while under the influence of intoxicating liquor or a drug having a narcotic effect.”
Going against the road traffic law against drunk driving can result in a massive penalty. Section 35 of the NRTA, states that:
“On conviction of certain offences licence and permit shall be suspended for a minimum period and learner’s or driving licence may not be obtained”
How much is too much before hitting the road?
In South Africa, there is a grace amount until you ‘reach your limit’ on the breathalyser. Statistically, approximately 50% of South African road users who die in road accidents possess a blood alcohol concentration level above 0.05g per 100 millilitres. Below are a few facts about how much you can drink before exceeding the legal limit:
- For public road users, the legal limit is 0.05% Blood Alcohol Content (0.24ml/l). This is essentially 2 alcohol units within 1 hour.
- For professional drivers, the legal limit is 0.02@ Blood Alcohol Content (0.10mg/l). This approximately 1 alcohol unit within 1-hour for the bus, courier or taxi driver.
- The body takes 1-hour to process and eliminate 1 unit of alcohol
- Drinking 4 units of alcohol will take 4-hours to process and rid the 4 units.
- According to the Administration and Adjudication of Road Traffic (AARTO), if you are caught over the limit, your license will be at risk of suspension.
Your Alcohol Uptake
The way in which the human body takes up alcohol doesn’t have a fixed pattern. However, the simple fact that alcohol impacts cognitive abilities is a known fact. But, the effects vary from person to person. Maybe you are able to drive straight on the road without swaying around, while also maintaining a safe following distance. May you are able to stop when the traffic light is red or watch out for a pedestrian or jaywalker, while intoxicated.
However, there are common factors that influence the way in which the average human body takes up alcohol:
- Alcohol strength and volume.
- Whether you have diluted the alcohol with water, ice or a soft drink such as juice.
- Gradient diffusion and blood flow rate
- Medical operations and medication
- Organs’ water content
- Diseases
One’s alcohol uptake is, therefore, dependent on various factors. If driving but at the same time feel the urge to enjoy an alcohol drink with friends or families. As a road user, 2 drinks within in 1-hour will make you exceed the legal alcohol limit. CarZar advises to consider your legal limit and drink with a sound mind.
Blood Alcohol Tests
Generally, failing the breathalyser alcohol test leads to the arrested driver’s blood being analysed by a medical authority, using the prescribed equipment. The blood alcohol test is completed to distinguish the volume of alcohol within the driver’s blood. If the alcohol concentration is not less than 0.05m per 100ml, it will be presumed at this was the concentration levels at the time of the road offence. Blood specimens are normally taken within two hours after the arrest and the individual arrested is not entitled to refuse blood tests – however, can request that their medical practitioner is present.
Before the court considers the blood results, the state must provide proof – an affidavit – that the analysis had been made by an expert and that the specimen belongs to the arrested driver. The accused has the right to challenge the information within the affidavit. In this case, the defence will only be valid if the accused, as well as another reasonable person, was unaware of the consumed alcohol.
In terms of alcohol blood test contamination, the results might not link to the blood’s concentration. But, the Road Traffic Act presumes that once the results are presented, the syringed used and the receptacle containing the specimen, was not contaminated. However, this would not be relied upon by the state, due to negligence.
ZAR/Value your Road Safety this Festive Holiday
Statistically, the festive season is a period of high death tolls for South African road users. CarZar urges road users to put an end to drinking and driving, and protect the safety of others from undesired fatalities. Avoid being a contributor towards South Africa’s fatality statistics. Value your road safety, as well as the road safety of other drivers and pedestrians.
Help CarZar create awareness about the endless cycle of Drinking and Driving, faced by South Africa.