DUI Attorney Bellville & Cape Town | Section 65 Defence

A conviction under Section 65 of the National Road Traffic Act carries severe penalties: fines up to R120,000, imprisonment of up to six years, and automatic licence suspension. Bellville and the Tygerberg region have some of the busiest roads in the Western Cape, and DUI arrests are common — particularly around weekends and public holidays when roadblocks are intensified.

Not all criminal attorneys have meaningful DUI trial experience. Breathalyser procedures, blood alcohol chain-of-custody rules, and the technical requirements of Evidential Breath Alcohol Testing (EBAT) equipment require specialist knowledge. A DUI attorney in Bellville who regularly challenges these evidence types can identify procedural failures that invalidate the state's case entirely.

Section 65 contains three distinct subsections: driving with a breath alcohol concentration above the legal limit (65(1)), driving under the influence of alcohol to the extent that your ability is impaired (65(2)), and refusing to provide a breath or blood sample (65(3)). Each carries a different burden of proof and different defence strategies.

Breathalyser results can be challenged on grounds including improper calibration of the EBAT device, failure to observe the mandatory 20-minute deprivation period, operator certification issues, and chain-of-custody defects in blood samples sent for laboratory analysis. André Kirsten has attended specialist courses in forensic evidence examination during his years at the NPA and Legal Aid SA.

Upon arrest for DUI, your licence may be confiscated immediately. You are entitled to apply for the return of your licence pending the outcome of your case, and to appeal an automatic suspension if you are convicted. The court process typically involves an initial appearance, plea, and trial — which may take several months. Throughout this period, an experienced DUI attorney manages court dates, engages with prosecutors on possible diversion or withdrawal, and prepares your trial defence.

A DUI record only follows a conviction. If your case is withdrawn, removed from the roll, or you are acquitted, you will not receive a criminal record. Early intervention by a skilled DUI lawyer in Cape Town or Bellville significantly improves your prospects of achieving this outcome.

André Kirsten Attorneys is based in Bellville and serves clients across Cape Town, Stellenbosch, Somerset West, and the full Western Cape. André personally handles every DUI case — no juniors, no handoffs. Contact the office for an initial assessment in person, at your home, or via video consultation.