The legal alcohol limit in South Africa determines how much alcohol a person can have in their bloodstream or breath before it becomes illegal to drive or operate a vehicle. The law exists to protect drivers, passengers, and pedestrians from road accidents caused by drunk driving — one of the leading causes of deaths on South African roads.
On this page, you will learn what the legal alcohol limit is, how it is measured, which Acts and policies govern it, the penalties for exceeding the limit, how the law evolved, and what every South African should know about responsible drinking and driving.
Understanding the Legal Alcohol Limit under South African Law
The National Road Traffic Act, 1996 (Act No. 93 of 1996) and the Road Traffic Management Corporation (RTMC) Regulations set the current alcohol limits for drivers in South Africa.
Under this law, the legal alcohol limit is:
- For private drivers:
- 0.05 grams per 100 millilitres (g/100ml) of blood, or
- 0.24 milligrams per 1 000 millilitres (mg/1000ml) of breath.
- For professional drivers (such as taxi, truck, or bus drivers):
- 0.02 g/100ml of blood, or
- 0.10 mg/1000ml of breath.
If your alcohol level exceeds these limits, you are considered “under the influence” and can be charged with drunken driving or driving under the influence (DUI) — both criminal offences under South African law.
Key Legal Frameworks Governing the Alcohol Limit
| Law / Act | Description |
|---|---|
| National Road Traffic Act, 1996 (Act 93 of 1996) | Sets alcohol limits and penalties for drunk driving. |
| Road Traffic Act Regulations | Provides technical testing and enforcement guidelines. |
| Criminal Procedure Act, 1977 (Act 51 of 1977) | Governs arrest and court procedures for offenders. |
| Administrative Adjudication of Road Traffic Offences (AARTO) Act, 1998 (Act 46 of 1998) | Introduces demerit points and administrative fines for road violations. |
| Constitution of South Africa, 1996 (Section 12) | Protects the right to safety and freedom from harm caused by negligent behaviour. |
Historical Evolution of Alcohol Limit Laws in South Africa
In the early years of democracy, road deaths linked to alcohol were a national crisis. By the late 1990s, the government introduced stricter laws under the National Road Traffic Act of 1996, setting measurable alcohol limits.
Before this, police often relied on subjective judgments like the driver’s speech or balance.
In the 2000s, with rising road fatalities, government campaigns such as Arrive Alive and Buckle Up South Africa were launched to educate the public about the dangers of drunk driving.
More recently, the Department of Transport proposed a zero-tolerance policy, which aims to lower the legal limit to 0.00 g/100ml, meaning no alcohol at all before driving. This proposal is still under discussion, but many experts and road safety groups support it.
How Police Test for Alcohol
When a driver is stopped at a roadblock or checkpoint, officers may:
- Conduct a breathalyser test using an approved device.
- If the reading exceeds the legal limit, the driver is taken to a police station or medical facility for a blood test.
- A sample is sent to a forensic laboratory for analysis.
- The test results are used as evidence in court to confirm the offence.
Refusing to take a breath or blood test can also lead to criminal charges under Section 65 of the National Road Traffic Act.
Penalties for Exceeding the Alcohol Limit
Driving over the legal limit carries severe consequences.
Penalties include:
- First offence: Fine up to R120 000 or 6 years imprisonment, or both.
- Repeat offences: Higher fines and longer jail terms.
- Driver’s licence suspension or cancellation under AARTO regulations.
- Criminal record for DUI, which can affect employment and travel opportunities.
In cases where drunk driving leads to injury or death, offenders can face charges of culpable homicide under the Criminal Procedure Act.
5 Important Points Every South African Should Know about the Alcohol Limit
- Even small amounts of alcohol affect judgment and reaction time — staying under the legal limit does not always mean it is safe to drive.
- Blood alcohol concentration (BAC) depends on weight, metabolism, and how much food you’ve eaten.
- Drinking coffee or taking a cold shower does not reduce alcohol levels — only time does.
- If you cause an accident while drunk, insurance companies may refuse to pay for damages.
- Police can arrest you even if you are under the limit if your driving shows signs of impairment.
Real Example
A Johannesburg driver stopped at a roadblock blows 0.32 mg/1000ml on a breathalyser — exceeding the legal limit of 0.24.
He is taken for a blood test and later charged under Section 65(5) of the National Road Traffic Act.
His licence is suspended, he receives a fine of R10 000, and a criminal record is recorded.
If he had caused an accident, the charge could have escalated to culpable homicide.
Implications of the Alcohol Limit Law
The alcohol limit exists to:
- Prevent loss of life on roads.
- Encourage responsible social behaviour.
- Protect other road users and pedestrians.
- Reduce costs related to accidents and healthcare.
- Enforce accountability among both private and professional drivers.
Drunk driving remains one of the leading causes of road deaths in South Africa, especially during festive seasons. The law aims not only to punish offenders but to save lives through deterrence and education.
Legal Framework Summary
| Institution | Role |
|---|---|
| South African Police Service (SAPS) | Enforces drunk driving laws through roadblocks and testing. |
| Road Traffic Management Corporation (RTMC) | Oversees national road safety standards and campaigns. |
| Department of Transport | Develops policy and regulations for alcohol limits. |
| Department of Justice and Constitutional Development | Handles prosecution and sentencing of offenders. |
| Arrive Alive Campaign | Public education initiative promoting sober driving. |
FAQs About What Is the Legal Alcohol Limit in South Africa
Many South Africans are unsure how much they can legally drink before driving or what happens if they are caught over the limit.
These FAQs explain the legal alcohol limit in South Africa, how it’s measured, and what penalties drivers face when they break the law.
What is the legal alcohol limit in South Africa?
The legal alcohol limit in South Africa is 0.05 grams of alcohol per 100 millilitres of blood, or 0.24 milligrams per 1 000 millilitres of breath for ordinary drivers.
For professional drivers (such as taxi, bus, and truck drivers), the limit is even lower — 0.02 grams per 100 millilitres of blood or 0.10 milligrams per 1 000 millilitres of breath.
What law governs the alcohol limit for drivers in South Africa?
The alcohol limit is set under the National Road Traffic Act, 1996 (Act 93 of 1996) and the National Road Traffic Regulations, 2000.
These laws make it a criminal offence to drive, operate, or even attempt to drive a vehicle while over the prescribed limit.
How much alcohol is 0.05g per 100ml in practical terms?
On average, it equals about one small glass of wine, a single beer, or a shot of spirits for an adult.
However, this depends on factors such as body weight, gender, metabolism, and how recently the alcohol was consumed.
The safest option is always not to drink and drive at all.
How do police test for alcohol levels in South Africa?
Police officers use breathalyser devices during roadside checks.
If the test shows you are over the legal limit, you may be taken to a police station or hospital for a blood test.
The results of this test are used in court to prove the offence under Section 65 of the National Road Traffic Act.
What are the penalties for driving over the alcohol limit?
Penalties for exceeding the legal alcohol limit include:
- A criminal record
- A fine of up to R120 000
- Imprisonment for up to 6 years
- Driver’s licence suspension or cancellation
The court decides the sentence based on the level of intoxication and whether the driver caused an accident.
Can I be arrested for being under the limit but still impaired?
Yes. Even if you are under the limit, police can still arrest you if they believe your driving ability is impaired by alcohol or drugs.
Section 65(1)(a) of the National Road Traffic Act allows prosecution for “driving under the influence”, regardless of test results.
Is it legal to drink as a passenger in a car in South Africa?
No. Open alcohol containers in a moving vehicle are prohibited under municipal by-laws and road safety regulations.
Passengers can be fined for drinking in a vehicle, and drivers can face additional penalties if alcohol contributes to disorder or unsafe driving.
What happens to professional drivers caught over the limit?
Professional drivers, such as taxi or bus operators, face stricter penalties, including the immediate suspension of their Professional Driving Permit (PrDP).
They may also face criminal prosecution and permanent loss of their licence depending on the severity of the offence.
Can a drunk driver’s insurance refuse to pay after an accident?
Yes. Most insurance policies have a “no cover if under the influence” clause.
If a driver causes an accident while over the legal limit, the insurer can reject the claim entirely, leaving the driver responsible for all damages and medical costs.
Why is South Africa’s alcohol limit so strict?
South Africa has a high rate of alcohol-related crashes and fatalities.
The strict limit aims to save lives, reduce drunk-driving accidents, and promote responsible drinking.
According to the Road Traffic Management Corporation (RTMC), alcohol contributes to more than 27% of road deaths annually.
Conclusion: Understanding the Alcohol Limit in South Africa
The alcohol limit in South Africa is not just a number — it is a life-saving standard built on decades of law, research, and public safety campaigns. Exceeding the limit can destroy lives, careers, and families.
If you drink, always plan ahead: use a ride-hailing service, nominate a sober driver, or stay where you are. The safest limit is zero.
Knowing the law, respecting the limit, and making responsible choices protect not only your own life but the lives of others on South Africa’s roads.
