A drunk driving charge in Sandton is a criminal matter, not a traffic inconvenience. Section 65 of the National Road Traffic Act 93 of 1996 makes it an offence to drive, or even to sit in the driver’s seat of, a vehicle while the concentration of alcohol in the blood or breath exceeds the prescribed limit. The South African Police Service arrests drivers on this charge across Sandton, Alexandra, and the wider Johannesburg area every week, and the matter proceeds through the Regional Court, not through a traffic office.
Because the consequences are criminal, the right person to instruct is an admitted attorney with a current practising certificate from the Legal Practice Council, verified through lpc.org.za, who practises regularly in Criminal Law and traffic-offence matters. This page explains what expert legal defense in drunk driving cases looks like in practice in Sandton and sets out how Otrebski Attorneys’ Criminal Law team approaches these cases from the firm’s single Sandton office.
What expert drunk driving defence looks like in Sandton
Expertise in a driving-under-the-influence matter is not a marketing claim. It is a set of concrete, verifiable characteristics that tell you whether the attorney you are speaking to can actually run this kind of case in a Sandton or Johannesburg court.
- LPC registration that you can verify. Every attorney who defends a criminal charge must be admitted and hold a current practising certificate. You confirm this on lpc.org.za before you sign anything.
- Criminal Law and traffic-offence experience. Section 65 cases live in the criminal courts. The attorney must regularly appear on the Regional Court roll and understand criminal procedure, not only civil or traffic fine administration.
- Familiarity with the National Road Traffic Act. The offence, the prescribed limits, and the evidentiary rules around breath and blood alcohol all sit inside Act 93 of 1996 and its regulations.
- Knowledge of the evidentiary machinery. The evidential weight of a breathalyzer reading, the chain of custody for a blood sample, and the calibration records of the apparatus are all attackable points that an experienced defence attorney will examine.
- Proximity to the court. A Sandton-based attorney is close to the Johannesburg and Alexandra Regional Courts where these matters are enrolled, which keeps attendance and consultation practical.
The offence under section 65 of the National Road Traffic Act
Section 65 of the National Road Traffic Act 93 of 1996 sets out the prohibition on driving under the influence of alcohol. The prescribed limits are a blood alcohol concentration of 0,05 grams per 100 millilitres for ordinary drivers, and 0,02 grams per 100 millilitres for professional and novice drivers. The same section also criminalises driving while the ability to do so is materially impaired, which is the basis for many arrests even where a reading is disputed.
The police typically arrest at a roadblock or at the scene of an incident, take the arrested person to a police station, and arrange a breath or blood test. The docket then moves to the National Prosecuting Authority, which decides whether to prosecute. A conviction can attract a fine, imprisonment, a period of licence suspension, and a criminal record that surfaces in background checks for years afterwards.
The consequences of a drunk driving conviction
A conviction under section 65 carries consequences that reach well beyond the courtroom sentence. They are worth understanding before you decide how to handle the matter.
- A criminal record. A conviction is recorded and can affect employment, travel visas, and professional registration.
- Imprisonment or a fine. Sentencing is at the court’s discretion and is influenced by the reading, prior convictions, and whether anyone was injured.
- Driver’s licence suspension. A court may order a period of disqualification from driving.
- Forfeiture or impoundment of the vehicle. In certain circumstances the vehicle used in the offence may be impounded.
- Insurance and employment consequences. Insurers may reject claims arising from an incident involving a driver over the limit, and employers in regulated sectors may treat a conviction as a dismissible offence.
How Otrebski Attorneys’ Criminal Law team approaches a section 65 matter
Otrebski Attorneys is a 100% women-led firm with a single office in Sandton, at Spaces Offices, 9th Floor, 5th Street, Sandhurst. The firm carries a 5-star Google rating across 12 reviews, holds a Level 4 B-BBEE rating, and is led by Director Nastasja Otrebski. The Criminal Law department handles driving-under-the-influence matters for clients across Sandton and the wider Johannesburg area.
When the team takes on a section 65 matter, the work proceeds in a structured sequence. The first step is to take the docket and the charge, confirm bail status, and identify any procedural defect that may affect the State’s case. The second step is to examine the evidentiary chain, including the breathalyzer calibration, the qualifications of the operator, and the chain of custody for any blood sample. The third step is to advise on the available options, from contesting the matter at trial to representations to the prosecutor, and to execute whichever route the client instructs.
What to do in the first hours after a drunk driving arrest
The steps taken immediately after arrest affect the course of the entire matter. They are practical, and they apply regardless of who eventually represents the accused.
- Cooperate with the police. Resist nothing, sign nothing you do not understand, and do not make statements about the incident without legal advice.
- Note the procedure. Record, even mentally, whether the arresting officer explained your rights, whether the breathalyzer was calibrated, and the times at which each step occurred.
- Preserve every document. Keep the J534 notice to appear, the charge sheet, the breathalyzer printout, and any bail receipt.
- Contact a Criminal Law attorney immediately. Early instruction allows the attorney to attend to bail, secure the docket details, and advise before any statement is made.
Frequently Asked Questions
What is the legal blood alcohol limit in South Africa?
Under section 65 of the National Road Traffic Act 93 of 1996, the prescribed limit is 0,05 grams of alcohol per 100 millilitres of blood for ordinary drivers and 0,02 grams per 100 millilitres for professional and novice drivers. The same section criminalises driving while the ability to do so is materially impaired, regardless of the reading.
How do I verify that a drunk driving attorney is registered?
Confirm that the attorney is admitted and holds a current practising certificate by searching the Legal Practice Council register at lpc.org.za. Only an admitted attorney with a current practising certificate may represent an accused person in a criminal court.
Can I refuse a breathalyzer test in South Africa?
Refusing to submit to a breath or blood test when lawfully required to do so by a traffic officer carries its own legal consequences under the National Road Traffic Act, and the refusal can itself be used as evidence. The correct course is to comply and to take legal advice immediately afterwards rather than to refuse.
How long does a drunk driving case take in the Sandton or Johannesburg courts?
The duration depends on the complexity of the matter, the court roll, and whether the case is contested or resolved by way of representations. A matter that proceeds to trial typically runs over several months, while a matter resolved through representations can conclude sooner. The attorney will give a realistic indication once the docket is available.
What are the possible penalties for a drunk driving conviction?
Sentencing is at the court’s discretion and can include a fine, imprisonment, a period of driver’s licence suspension, and a criminal record. The court considers factors such as the blood or breath reading, prior convictions, whether anyone was injured, and the personal circumstances of the accused.
Where in Sandton is Otrebski Attorneys based?
Otrebski Attorneys has a single office at Spaces Offices, 9th Floor, 5th Street, Sandhurst, Sandton. The Criminal Law team handles driving-under-the-influence matters across Sandton and the wider Johannesburg area from that office and does not operate any branch offices.
Get help with a drunk driving charge. Otrebski Attorneys’ Criminal Law team in Sandton defends clients facing section 65 matters across Johannesburg and the wider Gauteng area. As a 100% women-led firm with a 5-star Google rating across 12 reviews and a Level 4 B-BBEE rating, the team approaches each case methodically, from bail through to trial or representations.
Call 060 500 3098 or book an appointment with our Criminal Law team.
Disclaimer. This article is general information about drunk driving defence in Sandton and is not legal advice. For guidance on a specific charge, confirm current requirements with the Legal Practice Council, the relevant Regional Court, or a qualified criminal law attorney. The applicable law includes the National Road Traffic Act 93 of 1996 and the Criminal Procedure Act 51 of 1977, both of which may be amended.