Introduction: A DUI or Drunk Driving Charge Can Happen to Anyone — Here’s What You Need to Know
Imagine driving home after a night out. You’ve had a few drinks, but you feel fine. Suddenly, you’re stopped at a roadblock. Before you know it, you’ve been arrested for Driving Under the Influence (DUI), and your world is turned upside down.
At Van Heerdens Attorneys Incorporated, we’ve helped clients arrested for DUI, drunk driving, or driving under the influence of alcohol. These charges are more than just an inconvenience — they are serious legal matters with long-lasting consequences for your life, career, and family.
We’re here to help you navigate this difficult time and achieve the best possible outcome for your case.
What Are the Legal Blood Alcohol Limits in South Africa?
Many of our clients ask us, “How much is too much to drink before driving?” The answer can be surprising.
In South Africa, the legal blood alcohol limit is as follows:
- 0.05 grams per 100 millilitres for ordinary drivers.
- 0.02 grams per 100 millilitres for professional drivers (such as taxi and truck drivers).
💡 Did you know? For most people, even one or two drinks can put you over the limit, leading to a DUI arrest or drunk driving charge, depending on factors like body weight, metabolism, and what you’ve eaten.
How Breathalyser and Blood Tests Work in DUI or Drunk Driving Cases
When you’re stopped at a roadblock, the police typically use a breathalyser test to check your blood alcohol content (BAC).
However, breathalyser tests aren’t always 100% accurate. Factors like:
- Faulty calibration.
- Improper use by police officers.
- Medical conditions (e.g., diabetes or acid reflux).
If you fail the breathalyser test, you will be taken to a medical facility for a blood test. Blood tests are generally more reliable, but they must be handled correctly to be admissible in court.
At Van Heerdens Attorneys Incorporated, we know how to challenge the validity of both breathalyser and blood test results to ensure your drunk driving defence is strong.
What Are the Penalties for Drunk Driving (DUI) in South Africa?
A DUI conviction or drunk driving offence in South Africa can result in severe penalties, including:
- Fines of up to R120,000.
- Imprisonment for up to 6 years.
- Driver’s licence suspension for up to 10 years.
💼 For first-time offenders, and in certain provinces, there are often options to avoid a criminal record, such as diversion programs or plea bargains.
Common Questions Our Clients Ask Us About DUI and Drunk Driving Charges
We understand that being arrested for DUI or drunk driving can be overwhelming. Here are some of the questions we frequently hear from our clients:
Q: Will I lose my driver’s licence if I’m arrested for DUI?
👉 It depends on the circumstances of your case. If it’s your first offence, we’ll work hard to reduce the risk of licence suspension.
Q: Can I avoid a criminal record for a drunk driving offence?
👉 Yes, especially for first-time offenders, but only in certain provinces. We may be able to negotiate a diversion program to help you avoid a criminal record.
Q: What if I refused the breathalyser test?
👉 Refusing a breathalyser test can complicate matters, but it doesn’t mean your case is hopeless. We’ll examine the circumstances of your arrest and we may be able to build a defence strategy that works for you.
A Real Story: How We Helped One Client Avoid a Criminal Record for a Drunk Driving Charge
One of our clients — let’s call him John — was arrested at a roadblock in Summerstrand after failing a breathalyser test. He was understandably anxious and worried about losing his job if he ended up with a criminal record.
After reviewing the case, we discovered:
- The breathalyser equipment and hadn’t been properly calibrated.
- The arresting officers made procedural errors during his arrest.
We challenged the evidence in court, and the charges were dropped. John was able to keep his job and avoid a criminal record for his drunk driving offence.
Practical Steps to Take If You’ve Been Arrested for DUI or Drunk Driving in the Eastern Cape
If you’ve been arrested for DUI, drunk driving, or driving under the influence of alcohol in Port Elizabeth (Gqeberha) or anywhere in the Eastern Cape, follow these steps:
- Stay Calm and Cooperate with Law Enforcement
It’s natural to feel panicked, but remaining calm and respectful can go a long way in your defence.
- Don’t Make Any Statements Without a Lawyer Present
Many people unintentionally harm their case by making statements. Politely inform the officers that you’d like to speak to your lawyer before answering any questions.
- Contact Van Heerdens Attorneys Incorporated Immediately
The sooner you get legal advice, the better your chances of achieving a favourable outcome.
- Gather Evidence
If possible, take note of the roadblock location, officer names, and any potential witnesses.
Why Choose Van Heerdens Attorneys Incorporated for Your DUI or Drunk Driving Defence?
At Van Heerdens Attorneys Incorporated, we offer:
✅ Specialist Expertise in DUI and Drunk Driving Defence
We have extensive experience handling DUI cases and drunk driving charges across the Eastern Cape.
✅ Local Knowledge
We know the local courts, prosecutors, and law enforcement procedures, giving us a significant advantage in building your defence.
✅ Personalised Service
We treat every client with respect and compassion, ensuring you feel supported throughout the legal process.
Final Thoughts: Protect Your Future — Act Now
A DUI charge or drunk driving arrest doesn’t have to ruin your life. With the right legal representation, you can minimise the impact on your future.
At Van Heerdens Attorneys Incorporated, we’re here to help you navigate this challenging time and secure the best possible outcome for your case.
Your future is worth fighting for. Don’t face a DUI charge alone.
👉 Contact us today.
Contact Van Heerdens Attorneys Incorporated
📞 Phone: [041 007 0923]
📧 Email: [info@vhlegal.co.za]
📍 Office Location: 147 Cape Road, Glendinningvale, Port Elizabeth (Gqeberha), Eastern Cape
