Driving with a blood alcohol concentration over 0.05 grams per 100 millilitres is a criminal offence in South Africa, punishable by a fine or imprisonment of up to six years, or both, and it leaves you with a criminal record. The limit is lower for professional drivers, at 0.02 grams per 100 millilitres. A conviction also risks suspension of your driver’s licence and can affect your insurance, your job, and your ability to travel.
This article explains the legal limits, what happens at the roadblock and afterwards, the real-world consequences of a conviction, and the defences that actually work. The offence is created by section 65 of the National Road Traffic Act 93 of 1996.
The Legal Limits
| Driver | Blood alcohol limit | Breath limit |
|---|---|---|
| Ordinary drivers | 0.05 g per 100 ml | 0.24 mg per 1,000 ml |
| Professional drivers (public transport, goods vehicles) | 0.02 g per 100 ml | 0.10 mg per 1,000 ml |
Section 65 also covers being in the driver’s seat while the engine runs, so you can be charged even where the car never moved. Practical measurement is imprecise: alcohol elimination rates vary by person, weight, food, and time. Two drinks can place a smaller driver over the limit, and the safest legal position is zero alcohol before driving.
What Happens If You Are Arrested
At the roadblock or checkpoint, an officer who reasonably suspects you are over the limit may arrest you without a warrant. A blood specimen must be taken by a registered nurse, doctor, or authorised person, within two hours of the alleged offence, at a hospital or similar place. You may not be forced to submit to a blood test, but refusal does not end the matter, since the State can rely on other evidence, including officer observations and evidentiary breath test results.
You have the right to be informed of your rights, to remain silent, and to contact an attorney. You are entitled to be charged in a language you understand and to be brought before a court within 48 hours. Take note of the times, the officers involved, and what was said, because procedural defects matter at trial.
Sentence and Criminal Record
A conviction under section 65 carries a fine or imprisonment of up to six years, or both, at the court’s discretion, and courts also routinely consider suspending or endorsing your driver’s licence. First offenders with low readings often receive fines, while higher readings, accidents, injuries, or repeat offending push sentences toward direct imprisonment.
The criminal record is often the heaviest consequence. A record surfaces in police clearances, some employment vetting, firearm licence applications, and visa applications for certain countries. Expungement is only possible after ten years under the Criminal Procedure Act’s expungement scheme, and then only if the sentence was non-custodial.
Knock-On Consequences
- Insurance. Insurers may reject claims arising from an accident where you were over the limit, leaving you personally liable for the damage.
- Employment. Jobs requiring a clean record or a valid licence, such as sales, delivery, and professional driving, are put at direct risk.
- Licence suspension. The court may declare you unfit to drive, and a suspension can follow even a fine-only sentence.
- Accident escalation. Where intoxication coincides with injury or death, the charges can escalate to culpable homicide or worse, with far heavier sentences.
Defences That Work
DUI cases are won on procedure as often as on the merits. The blood specimen chain, the two-hour window, the qualifications of the person who drew the blood, calibration certificates for evidentiary breath equipment, and the analysis method at the laboratory are all challengeable. The reading itself can be disputed where the State’s timing or storage of the specimen is unclear. These are technical defences, and they need an attorney who reads the case docket, not a shortcut.
Common Mistakes to Avoid
- Assuming one drink is safe. The limit is easily crossed, and the law does not accept “I felt fine” as a measurement.
- Refusing cooperation aggressively. You may decline a blood test calmly, but obstruction turns a bad night into additional charges.
- Sleeping it off in the driver’s seat. Being in the driver’s seat with the engine running is enough for a charge.
- Paying an admission-of-guilt fine without advice. Paying the fine is a conviction with a criminal record. Get advice before you pay.
- Ignoring the court date. A warrant of arrest follows, and the matter gets materially worse.
Get help with a drinking and driving charge. Otrebski Attorneys’ criminal team handles DUI matters from its Sandton office. Call 060 500 3098 or book an appointment before you pay any fine or make a statement.
Frequently Asked Questions
What is the legal alcohol limit for driving in South Africa?
Ordinary drivers may not exceed 0.05 grams of alcohol per 100 millilitres of blood, or 0.24 milligrams per 1,000 millilitres of breath. Professional drivers are limited to 0.02 grams per 100 millilitres of blood.
Can you go to jail for drunk driving in South Africa?
Yes. Section 65 of the National Road Traffic Act 93 of 1996 makes the offence punishable by a fine or imprisonment of up to six years, or both. Higher readings, accidents, injuries and repeat offending increase the likelihood of imprisonment.
Can you refuse a blood test at a roadblock?
You cannot be physically forced to submit to a blood test, but refusal does not defeat the charge. The State may proceed on officer observations, field evidence, and breath test results, and a specimen lawfully taken within two hours of the offence remains the core evidence.
Does drunk driving give you a criminal record?
Yes, including where you pay an admission-of-guilt fine, which counts as a conviction. The record can be expunged only after ten years for non-custodial sentences under the expungement scheme in the Criminal Procedure Act.
Can you be charged if the car was not moving?
Yes. Section 65 also prohibits occupying the driver’s seat while the engine is running while over the limit, so sleeping in the car with the engine on can lead to a charge.
Disclaimer. This article is general information, not legal advice for a specific case. Confirm current limits and procedure against the National Road Traffic Act 93 of 1996 and consult an admitted attorney about any pending charge.