The Law when arrested for drunk driving in Kenya: Road accidents are on the rise with a minimum of five people dying daily on Kenyan roads. Earlier this year, a court in Kiambu ruled that drunk driving is not an offense provided the driver is in control of the vehicle. With such rulings being passed, drunken driving offenses are likely to be withdrawn from the constitution. Here is a look at what drunk driving is all about and the penalties involved.
What is a DUI/DWI?
The initials DUI or DWI stand for Drinking under the Influence or Driving while Intoxicated. According to the Traffic Act, section 44 (1), anyone who when attempting to drive or driving, when in charge of a car on a road or a public place, is found to be under the influence of drugs or drinks to the extent that they do not have proper control of the car, shall be charged with an offense and liable to pay a fine that is not less than 100,000Ksh or face imprisonment for two years or even be subject to both penalties. In case it is established that you are a repeat offender, the government will fine you large amounts and you could also lose your license permanently.
Blood alcohol levels are used to determine whether a motorist is drunk. In Kenya, according to the Traffic Act, the legal blood alcohol concentration limit for operating a vehicle is 0.35 grams per liter of breath or 0.8 grams per liter of blood.
Why is Drinking under the Influence expensive?
If you are found guilty of drunk driving, your motor insurance rates will rise drastically because your insurer will classify you as a risky client. Secondly, if you have been charged with drunk driving before, the insurance company will consider the likelihood of a similar mistake. To cater for the cost of future accidents, the insurer will charge high premiums for persons with DUIs.
Drunk driving is a serious offense that could see you facing huge fines or a 2 year jail term. The main tests used to determine whether a driver is drunk in Kenya are breathalyzer tests and urine tests. While many people take drunk driving accidents for granted, they have accounted for a large percentage of fatalities and serious accidents on the Kenyan roads.
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