How drunk driving affects your car insurance
Driving under the influence of alcohol can have serious consequences for a driver who causes an accident while they’re intoxicated. Not only are they likely to face a criminal charge – an insurance company is unlikely to pay out a claim related to that incident…
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South African law enforcement has a zero-tolerance approach to drunk driving and, considering the major role alcohol intoxication is said to play in our country’s road death statistics, that’s no surprise.
According to Arrive Alive, 50% of people who die on our roads have a blood alcohol concentration above the legal limit; in May, the World of Statistics twitter account stated SA’s share of alcohol-related road fatalities was as high as 58% and, a study by the South African Medical Journal in 2021 found that the estimated prevalence of driver intoxication in domestic car accidents was “between 33% and 69%.”
Given that tens of thousands of deaths occur on our roads every year, many of which are related to excessive alcohol consumption and are, therefore, preventable, there’s no excuse for getting behind the ‘wheel when you’re over the legal limit, especially if you can plan ahead and make use of ride-sharing services and driver-for-hire companies to get you and your loved ones home safely.
If you are found guilty of a charge of Driving Under the Influence of alcohol (DUI) it will definitely affect your car insurance premiums and any claim you submit that relates to a road accident that occurred while you were driving your vehicle under the influence of alcohol will most probably not be paid out.
What is the legal limit?
Although there have been calls to lower the legal blood alcohol content (BAC) limit for drivers in South Africa to zero (0.00 mg/100 ml), the National Road Traffic Act still stipulates the following alcohol content limits as permissible for road users: up to 0.05 gm per 100 ml (blood) and 0.24 gm per 100 ml (breath).
It’s illegal to drive a vehicle if your BAC is above 0.05 gm/100 ml. Depending on your height, weight and metabolism, you could be over the limit after consuming more than 350 ml of beer, or more than a tot of brandy or other spirit. Remember, alcohol will remain in your system for up to 8 hours after consumption.
What happens when you get caught for drunk driving
Roadblocks are randomly conducted by the South African Police Service, Metropolitan Police Departments and other law-enforcement agencies. If you (the driver) get stopped at a roadblock and an officer ascertains (or suspects) that you have consumed alcohol, you will be required to undertake a breathalyser test. If the officer’s test equipment reveals that you are over the limit, you will be taken for blood tests to confirm your level. Once confirmed, you may be arrested and charged with DUI.
According to the SAPS website, you will then be held in custody until you are released on bail or make your first court appearance. This could mean spending 48 to 72 hours in a holding cell. You will have to appear within 48 hours of being arrested, but this period is obviously extended on weekends. In other words, you could be arrested on a Friday night… and only appear in court on the following Tuesday.
Depending on if you have prior convictions and the circumstances surrounding your arrest, if you’re convicted of DUI, you face a minimum fine of R2 000, a 2-year prison sentence – or both. You may also either lose your driver’s licence or have it suspended. And, you will have a criminal record for up to 10 years, which may affect your livelihood: many employers won’t employ people with criminal records.
Does drunk driving affect your insurance?
Yes, most certainly. When you apply for car insurance, an insurer may request your driving history, including your criminal record, to see if there is a history of drunk driving. If you have a drunk driving conviction, your car insurance application could be rejected, or, you may be quoted a higher-than-usual car insurance premium because the insurance company considers you a high-risk client.
Likewise, not telling your insurer about previous or existing drunk driving charges may invalidate your car insurance policy, so it is strongly advised that you be completely truthful with your insurance company.
Insurance claims related to drunk driving
Simply put, a car insurance company is likely to reject your claim if you were convicted of being under the influence of alcohol during the time of the event, such as a road accident or collision or damage to a 3rd party’s vehicle or property.
However, if you were involved in an accident where a driver crashed their vehicle into your vehicle while they were over the legal BAC limit, the insurer may pay your claim, as the incident was not your fault.
Your car insurance policy will state what the implications are when drunk driving is discussed and what your rights and expectations can be if you are involved in an accident while drunk driving (or caused by a drunk driver).
Under the Terms and Conditions of Budget’s car insurance policy, for example, Budget does not indemnify a client for incidences that occur while driving under the influence of alcohol or drugs, of any level, or while the percentage of alcohol in the driver’s blood exceeds the legal limit, or when the driver fails a breathalyser test.
Either avoid alcohol OR arrange alternative transport
Remember, your driving skills will be impaired after consuming just 1 unit of alcohol (depending on many factors, some of which you may not be aware of), so it is safer not to drink any alcohol if you know you will be driving thereafter. Even when you won’t be driving, drink slowly – a maximum of 1 unit per hour.
Better yet, do not take chances – if you know that you will be having a few drinks, plan in advance and arrange alternative transport to your next destination. There are many options – download the app for Uber and register your account, or book with one of the many companies available to get people home safely, such as Goodfellas and Scooter Angels, who will drive you home in your own car.
Contact Budget for your car insurance needs
Do you want to learn more about car insurance or review your car insurance requirements with the help of experts? Budget Insurance’s team is always ready to assist; contact them on 086 1600 120 or utilise their online car insurance calculator, which gives you an accurate and budget-friendly quote in minutes.
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