Drunk Driving in South Africa: Laws

Drunk driving in South Africa is not to be taken lightly and drinking and driving is a very serious offence. The gravity of drunken driving charges should be enough to frighten anyone away from driving under the influence of alcohol, but there can also be far more grave repercussions that can occur when drivers don’t watch their blood alcohol limit – and these can be fatal consequences.

Drive South Africa vehemently opposes drunk driving in any form. There’s absolutely no excuse! So, are you familiar with the South African drunk driving laws? Do you know when you are beyond the limit? Do you understand what charges can be levied against you if your blood alcohol limit is beyond what it should be? Let’s take a closer look at how we can keep ourselves – and others – safe on our roads.

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Drunk Driving in South Africa

Alcohol is a toxic and psychoactive substance that causes intoxication (drunkenness) in human beings. At low doses, it causes mild sedation and reduced social inhibition, but also impaired judgement and coordination. If you drink more, it affects everything from your emotional state to your speech and motor skills.

South Africa is the sixth highest per capita consumer of alcohol in the world. Each year, we experience thousands of road fatalities, many as a consequence of irresponsible motorists driving under the influence of alcohol. Furthermore, many of these occur during periods like the festive season. As the South African Police Service says: “No one is trying to stop you from having a good time – just be responsible about doing it!”

According to Genesis Medical Scheme, in South Africa, around 50% of people who die on the roads have a blood alcohol concentration that exceeds the legal limit. That tells you all you need to know…

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Blood Alcohol Limits

The South African Road Traffic Act 93/96 has been in effect since March 1998. Whether you are driving in your home town or on roads foreign to you in a car hire vehicle, it’s essential that you follow these laws. They’re in place to help protect the community and to make sure that drunk drivers are reprimanded appropriately. Here are the basics:

• According to the Act, any driver of a motorised vehicle may not have a breath alcohol content (BrAC) of more than 0.05%. This is tested using a breathalyser device.
• The effects of alcohol may vary depending on your weight, metabolism, and other factors. Some people can drink more and still feel capable of driving, but ultimately, BrAC is the deciding factor.
• Some people measure how much you can drink before you reach the limit in “units” or “standard drinks”. For example, a 350 ml beer is equivalent to 1.5 units, which is enough to take your BrAC beyond the 0.05% limit.

Ultimately, it’s simply not worth taking the risk of drinking any amount of alcohol if you plan to drive. Even a single beer can be too much! However, over time, your body processes the alcohol and your BrAC will come down. It takes your body approximately one hour to process a single unit of alcohol, but again, this varies depending on body type, gender, and other factors.

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Local Drunk Driving Laws in South Africa

Any person driving on South African roads should be familiar with the local drunk driving laws in South Africa. Here’s a summary of the laws of Road Traffic Act 93/96 to make it easier for you:

• It is unlawful to drive a vehicle on a public road without consideration for any other
  person using the road.
• It is a criminal offence to drive a vehicle or occupy the driver’s seat of a motor vehicle
  which engine is running while under the influence of intoxicating liquor or a drug having
  a narcotic effect.
• The concentration of alcohol in any specimen of blood taken from any part of a person’s
  body must not be less than 0.05 grams per 100 milliliters or in the case of a professional
  driver not less than 0.02 grams per 100 milliliters.

If you do get asked to submit a breathalyser or blood test, here’s what you need to know:

• In the case of a criminal prosecution in terms of this Act, where proof of the analysis of a
  specimen of the blood of any person is presented, it is presumed that any syringe used
  for obtaining such specimen were free from any substance or contamination which
  could have affected the results.
• The concentration of alcohol in any breath specimen shall be ascertained by using the
  prescribed equipment.
• Any person who is detained for a possible contravention of any provision of this Act may
  not:
  • consume any substance that contains alcohol of any nature, except on the
    instruction of or when administered by a medical practitioner; or
  • smoke until the specimen has been taken.
• It is unlawful to refuse that a specimen of blood or of breath be taken.

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Implications of Being Caught Drunk Driving in South Africa

Perhaps you’ve been “lucky” up to now and you have not been caught drinking and driving – because you think that you are capable of driving drunk. Bottom line: you are not.

But what are the implications if you do get caught?

• If you’re found guilty of drunk driving in South Africa, you could face up to six years in jail.
• You could also be liable for fines of up to R120,000 and your driver’s license will likely be suspended.
• You will also have a criminal record that can have serious ramifications for the rest of your life.
• Of course, the worst-case scenario is that you could kill someone else on the road, your loved ones, or yourself.

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There is some good news for those folks who are out on the town and find they’re unable to drive home. If you’re worried about driving your vehicle back to your hotel, home, or guesthouse drunk , hire a car from Drive South Africa and request a designated driver service. This means that you won’t have to drive your car rental when intoxicated and breach your car hire contract.

Please – don’t practise drunk driving in South Africa. Drive responsibly on our roads.