What is the current legal limit for alcohol when driving?

South Africa’s legal blood alcohol limit is 0.05 grams of alcohol per 100 millilitres of blood for ordinary drivers, and 0.02 g/100 ml for professional drivers (including drivers of goods vehicles over 3 500 kg and public-transport drivers), set under section 65 of the National Road Traffic Act 93 of 1996. The equivalent breath-alcohol limits are 0.24 mg per 1 000 ml of breath for ordinary drivers and 0.10 mg per 1 000 ml for professional drivers. Exceeding the limit, or being “under the influence of intoxicating liquor” such that your driving is impaired, is a criminal offence carrying a fine, possible imprisonment of up to six years, and licence suspension or cancellation on conviction.

The Legal Blood Alcohol Limit in South Africa

Section 65 of the National Road Traffic Act 93 of 1996 sets the statutory thresholds that govern drink-driving prosecutions across all nine provinces. The same numerical limits apply whether a driver is stopped in Cape Town, Durban, Polokwane, or anywhere in Gauteng — there is no separate provincial or municipal figure, and metropolitan by-laws cannot override the national Act.

Driver Category	Blood Alcohol Limit	Breath Alcohol Equivalent
Ordinary drivers (private motor vehicles)	0.05 g per 100 ml	0.24 mg per 1 000 ml
Professional drivers (public-transport vehicles and goods vehicles over 3 500 kg)	0.02 g per 100 ml	0.10 mg per 1 000 ml

The professional driver limit is fractionally above zero and can be reached after a single drink, which is why commercial operators are expected to remain entirely sober during working hours.

Why the Limit Exists: Zero Tolerance and Road Safety

South Africa moved to a zero-tolerance enforcement stance in 2009, with stricter roadside testing and a lower tolerance for borderline readings. The policy is operated jointly by three enforcement bodies: the South African Police Service (SAPS), provincial traffic departments operating under the Gauteng Department of Community Safety and its counterparts elsewhere, and metropolitan police services such as Johannesburg Metro Police, Tshwane Metro Police, and eThekwini Metro Police. Roadside checks are most visible during holiday periods, long weekends, and on major interurban routes, including the corridors running through Gauteng where Burger Huyser Attorneys’ Criminal Law practice fields DUI matters across multiple branches.

A 2022 peer-reviewed South African analysis reviewed the zero-tolerance regime’s effect on road-safety outcomes and remains the most cited academic commentary on the policy’s results.

What the Test Actually Measures

Roadside screening is conducted with an evidential breathalyser, and the breath reading is converted to the statutory blood-alcohol equivalent in line with the regulations under the Act. Where the reading is borderline, or the driver disputes it, an officer may arrange for a blood sample to be drawn at a medical facility and forwarded to an approved laboratory for confirmation.

Important: A refusal to submit to a breath test, or to a blood draw when one is lawfully requested, is itself a criminal offence under section 65(6) of the Act. The prosecution does not need the test result to proceed.

The Criminal Charge: What Happens If You Exceed the Limit

Being found over the limit, or being “under the influence” such that your faculties are impaired, results in a criminal summons issued under the Criminal Procedure Act 51 of 1977 rather than an automatic arrest in most cases. The matter is heard in the magistrate’s court for the district where the alleged offence occurred. On conviction, sentencing may include a fine, imprisonment of up to six years, suspension of the driving licence, and cancellation or disqualification from holding a licence. For first offenders, courts often impose a fine together with licence suspension. Repeat offenders, and cases involving accidents, injury, or death, carry significantly heavier exposure and may attract a separate culpable homicide prosecution under common law alongside the section 65 charge.

Penalties at a Glance

Factor	Outcome on Conviction
First-time offence, no accident	Fine (set by the magistrate’s court), licence suspension, possible licence cancellation
Refusal to submit to a breath or blood test	Separate offence under section 65(6); fine and licence suspension on conviction
Driving under the influence (impaired faculties) below the numerical limit	Still an offence — visible impairment, not the number, is enough to convict
Accident involving injury or death	Criminal charges escalated; potential culpable homicide prosecution alongside the section 65 charge
Repeat offence or aggravated circumstances	Imprisonment more likely; longer or permanent disqualification periods

How the Limit Compares with Common Benchmarks

One standard drink (roughly 10 g of pure alcohol) takes about an hour to clear for an average adult, but actual clearance depends on body mass, sex, food intake, and liver function. There is no reliable “units you can drink” formula that converts a number of drinks into a safe-to-drive verdict. The medical consensus, reinforced by South African road-safety commentary, is that roadside impairment is independent of how sober a driver feels. The only safe answer under South African law is zero alcohol if you intend to drive — particularly because the professional driver limit of 0.02 g/100 ml can be reached after a single drink.

What To Do If You Are Charged

1. Cooperate with the testing procedure. Refusing to blow or to provide a blood sample is a separate offence, and the prosecution can proceed without a test result.
2. Note the time, place, and officer’s details at the roadside. These details matter for any later challenge to the chain of custody on the breath or blood sample, and to the legality of the stop itself.
3. Consult a criminal-law attorney before making any statement to the investigating officer beyond confirming identity. Anything said at the roadside can be transcribed into the docket and relied on at trial.
4. For after-hours or Schedule 6 matters, contact the dedicated bail line. Bail applications for more serious DUI charges can be lodged after hours; early engagement with an attorney materially affects whether bail is needed and whether the case is resolved by admission of the reading or defended on the chain of custody.

Burger Huyser Attorneys’ Criminal Law practice is set up to handle this work across Gauteng, with partner-attorney supervision and an after-hours DUI and bail line dedicated to Schedule 6 and serious matters. Drivers arrested or summonsed in Johannesburg route through the Linden/Randburg head office; Centurion-area matters through the Centurion branch; Pretoria matters through the Pretoria/Menlyn branch; East Rand matters through the Bedfordview branch; and West Rand matters through the Roodepoort branch.

Frequently Asked Questions

What is the legal alcohol limit for driving in South Africa?

0.05 grams of alcohol per 100 millilitres of blood for ordinary drivers, and 0.02 g/100 ml for professional drivers (public-transport and goods vehicles over 3 500 kg), as set by section 65 of the National Road Traffic Act 93 of 1996. The breath equivalents are 0.24 mg/1 000 ml and 0.10 mg/1 000 ml respectively.

Is there a zero-tolerance limit in South Africa?

There is no separate zero statutory limit for ordinary adult drivers — the figure is 0.05 g/100 ml. However, the 0.02 g/100 ml limit that applies to professional drivers functions as a near-zero threshold, and the SAPS zero-tolerance enforcement campaign launched in 2009 means that any reading approaching the limit is prosecuted rigorously. A first-offence minor over the limit will still attract prosecution.

How many drinks can I have and still drive legally?

There is no reliable drinks-to-limit conversion. Alcohol clearance depends on body mass, sex, food intake, metabolism, and the strength of the drink, and even small amounts can place a professional driver over the 0.02 g/100 ml threshold. The only safe answer for a driver who wants to remain within the law is no alcohol at all if they intend to drive.

Can I refuse a breathalyser test in South Africa?

No — refusal to submit to a breath or blood test is a separate offence under section 65(6) of the National Road Traffic Act, carrying a fine and licence suspension on conviction. The prosecution does not need the test result to proceed; refusing the test is enough on its own.

Can I be arrested for DUI even if my reading is below 0.05?

Yes — section 65(1) creates two parallel offences: exceeding the numerical limit, and being “under the influence of intoxicating liquor” such that your driving is impaired. A reading below 0.05 g/100 ml does not prevent a charge if the arresting officer testifies to visible impairment.

What happens to my licence after a DUI conviction?

On conviction the court may suspend or cancel your driving licence, and a disqualification period may be imposed before you can reapply. A cancelled licence under section 65 is recorded against your name, and repeat offences lead to longer disqualification or permanent disqualification at the magistrate’s discretion.

How long does a DUI case take to finalise?

Cases typically take several months to finalise in the magistrate’s court, longer if defended, and substantially longer if linked to an accident involving injury or death where culpable homicide is investigated alongside. Early engagement with an attorney materially affects whether bail is needed and whether the case is resolved by admission of the reading or defended on the chain of custody.

If you have been stopped, breathalysed, or summonsed for an alcohol-related driving offence in Gauteng, Burger Huyser Attorneys’ Criminal Law practice can be reached at the branch nearest to where the alleged offence took place: Johannesburg and Randburg via 011 888 0246, Centurion via 012 644 4990, Pretoria via 012 471 5700, Bedfordview via 011 201 7190, and Roodepoort via 011 668 0030. For after-hours DUI and bail matters the dedicated line is 069 522 7696. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified, “Top Rated Law Firm in South Africa”) and fields this work across its Gauteng branches through partner-attorney supervision. Initial consultations are booked through the relevant branch directly.