Section 123L: Detention of persons affected by alcohol or drugs
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
123L. Detention of persons affected by alcohol or drugs
(1) A person required to provide a specimen of breath shall, upon the
breath test showing alcohol in excess of the prescribed limit, or upon a
refusal to submit to such a test, be detained at a police station until it
appears to the police officer that, were that person then driving or attempting to drive a motor vehicle on a road or other public place, he would not be
committing an offence under section 123D, 123E or 123F.
(2) —
[S. 123L inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003; amended by s. 7 of
Act 23 of 2016 w.e.f. 8 December 2016.]
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Questions this section answers
- Can I be detained at a police station if my breath test shows I am over the alcohol limit?
- Can a Magistrate disqualify me from driving before my trial if I am suspected of drink-driving?
- How many days do I have to surrender my licence if a Magistrate orders a pre-trial disqualification?