Drunk driving in South Africa is governed by section 65 of the National Road Traffic Act 93 of 1996, and the framework around it has been shifting. The most significant recent change is not a brand-new drunk-driving statute, but the national roll-out of the Administrative Adjudication of Road Traffic Offences Act, the AARTO Amendment Act 4 of 2019, which introduces a demerit points system that sits on top of the existing criminal offence. For drivers, that means a single alcohol-related infringement can now carry both criminal consequences under section 65 and administrative consequences under AARTO.
The criminal limits themselves have not been rewritten. What has changed is the enforcement environment, the data that follows a driver, and the way penalties accumulate. This page sets out, in plain terms, how the current and incoming framework affects ordinary drivers, professional drivers, and anyone arrested on a driving-under-the-influence charge in South Africa.
The governing law: section 65 of the National Road Traffic Act
The criminal offence of driving under the influence of alcohol lives in section 65 of the National Road Traffic Act 93 of 1996. The section makes it an offence to drive, or even to occupy the driver’s seat of, a vehicle while the concentration of alcohol in the blood or breath exceeds the prescribed legal limit. A prosecution under section 65 proceeds through the criminal courts, typically the Regional Court, and a conviction results in a criminal record, not merely a traffic fine.
The prescribed legal limits are set out in the regulations to the Act and have been the settled position of the law for years. They differ depending on the class of driver.
- Ordinary drivers: a blood alcohol concentration not exceeding 0,05 grams per 100 millilitres of blood, or 0,24 milligrams of alcohol per 1 000 millilitres of breath.
- Professional drivers (drivers of public transport, goods vehicles over the prescribed mass, and certain other categories): a near-zero limit of 0,02 grams per 100 millilitres of blood, or 0,10 milligrams per 1 000 millilitres of breath.
- Novice and learner drivers: the same lower 0,02 gram limit applies, reflecting the near-zero rule for less experienced operators.
Section 65 also criminalises driving while the ability to do so is materially impaired, regardless of the reading. This is the basis on which many arrests proceed even where a breath or blood sample is later disputed, lost, or below the prescribed limit.
What is actually new in 2026: the AARTO demerit roll-out
The change that is most often described as the “new drunk driving law” is the national implementation of the AARTO Amendment Act 4 of 2019. AARTO stands for the Administrative Adjudication of Road Traffic Offences Act. The Amendment Act of 2019 introduced a demerit points system to South African road traffic enforcement. After several postponements, the national roll-out is scheduled for 1 July 2026, with the demerit points system itself expected to go live later in the same year.
It is important to understand the relationship between AARTO and the criminal law. AARTO is an administrative adjudication system. It manages infringements, collects fines, and allocates demerit points to a driver’s profile on the National Contraventions Register. A serious offence such as driving under the influence remains a criminal matter under section 65 of the National Road Traffic Act and is still prosecuted through the criminal courts. AARTO does not replace that prosecution; it adds an administrative layer that tracks the driver’s record and can lead to licence suspension once points accumulate.
- Points attach to the driver, not the vehicle. Demerit points are recorded against the driving licence of the person responsible for the infringement.
- Accumulation leads to suspension. Under the AARTO regulations, a driver who accumulates 15 or more demerit points faces suspension of the driving licence, with disqualification following repeat conduct.
- Points can be reduced. A driver who incurs no further infringements over a sustained period has points progressively removed from the profile.
- Existing prosecutions are unaffected. The criminal process for a section 65 offence, including arrest, bail, and trial, continues to run through the Regional Court.
How the changes affect different classes of driver
The practical impact of the current framework depends heavily on the category of licence a driver holds and the use to which the vehicle is being put.
Ordinary private drivers remain subject to the 0,05 gram blood alcohol limit. The advice that has always applied continues to hold: the safest course is not to drive after consuming any alcohol. Even below the prescribed limit, a driver whose ability is materially impaired can still be arrested and prosecuted under the impairment limb of section 65.
Professional drivers face the near-zero 0,02 gram limit. This covers drivers of public transport vehicles, heavy goods vehicles, and other prescribed categories. For practical purposes, any alcohol at all places a professional driver at risk of exceeding the limit. Under AARTO, demerit points accruing to a professional driver can threaten the very licence on which their livelihood depends, and employers in the road transport sector are increasingly alert to the National Contraventions Register.
Novice and learner drivers are also held to the 0,02 gram near-zero limit, reflecting both their limited experience and the policy aim of building safer driving habits early. A single infringement can delay the progress from a learner’s permit to a full driving licence.
Penalties and consequences under the current framework
The consequences of a drunk driving matter in South Africa run through two channels: the criminal sentence imposed by a court under section 65, and the administrative consequences that follow on the driver’s record.
- A criminal record. A conviction under section 65 is recorded against the accused and can affect employment, travel visa applications, and professional registration for years.
- A fine or imprisonment. Sentencing is at the discretion of the court and is influenced by the reading, prior convictions, and whether any injury or damage resulted.
- Driver’s licence suspension or disqualification. A court may order a period of disqualification from driving in addition to any fine or sentence of imprisonment.
- Demerit points on the National Contraventions Register. Once the AARTO demerit system is live, alcohol-related infringements will attract points that accumulate towards the 15-point suspension threshold.
- Insurance and employment consequences. Insurers may decline claims arising from an incident involving a driver over the prescribed limit, and regulated employers may treat a conviction as a dismissible offence.
What happens at a roadblock or after arrest
The procedure that follows an allegation of drunk driving has not changed in substance, but it is now more likely to be recorded on systems that follow the driver. Understanding the steps matters both for the immediate situation and for any later defence.
- Cooperate with the officer. Do not resist, do not sign documents you do not understand, and do not make statements about the incident without legal advice.
- Comply with testing. Refusing a breath or blood test when lawfully required by a traffic officer carries its own consequences under the National Road Traffic Act, and the refusal can itself be used as evidence.
- Preserve the paperwork. Keep the J534 notice to appear, the charge sheet, the breathalyzer printout, and any bail receipt.
- Note the procedure. Record, even mentally, whether rights were explained, whether the apparatus appeared calibrated, and the times at which each step occurred.
- Contact a Criminal Law attorney immediately. Early instruction allows the attorney to attend to bail, secure the docket details, and advise before any statement is made.
Frequently Asked Questions
Has the legal blood alcohol limit for drivers in South Africa changed in 2026?
No. The prescribed limits under section 65 of the National Road Traffic Act 93 of 1996 remain 0,05 grams of alcohol per 100 millilitres of blood for ordinary drivers and 0,02 grams per 100 millilitres for professional and novice drivers. What is changing in 2026 is the national roll-out of the AARTO Amendment Act 4 of 2019 and its demerit points system, which adds an administrative layer to the existing criminal offence.
What is the AARTO demerit system and when does it start?
The Administrative Adjudication of Road Traffic Offences Amendment Act 4 of 2019 introduces a demerit points system that records infringements against a driver’s licence on the National Contraventions Register. After several postponements, the national roll-out is scheduled for 1 July 2026, with the demerit points system itself expected to go live later in the same year. A driver who accumulates 15 or more demerit points faces licence suspension.
Is drunk driving still a criminal offence under the new system?
Yes. Driving under the influence remains a criminal offence under section 65 of the National Road Traffic Act 93 of 1996 and is prosecuted through the criminal courts, typically the Regional Court. AARTO does not replace that prosecution; it adds an administrative record-keeping and demerit layer that can lead to licence suspension independently of the criminal sentence.
What is the blood alcohol limit for professional drivers in South Africa?
Professional drivers, including drivers of public transport and heavy goods vehicles, are subject to a near-zero limit of 0,02 grams of alcohol per 100 millilitres of blood. In practice, any alcohol at all places a professional driver at risk of exceeding the limit, and AARTO demerit points can threaten the licence on which their livelihood depends.
Can I refuse a breathalyzer test at a South African roadblock?
Refusing to submit to a breath or blood test when lawfully required by a traffic officer carries its own consequences under the National Road Traffic Act, and the refusal can itself be used as evidence. The recommended course is to comply with the officer’s lawful instructions and to seek legal advice immediately afterwards.
What are the possible penalties for a drunk driving conviction in South Africa?
Sentencing is at the court’s discretion and can include a fine, imprisonment, a period of driver’s licence suspension or disqualification, and a criminal record. The court considers the blood or breath reading, prior convictions, whether anyone was injured, and the personal circumstances of the accused. Once the AARTO demerit system is live, alcohol-related infringements will also attract demerit points.
Get help with a criminal law matter. A driving-under-the-influence charge is a criminal prosecution, not a traffic inconvenience. Otrebski Attorneys’ Criminal Law team in Sandton defends clients facing section 65 matters across Johannesburg and the wider Gauteng area. As a 100% women-led firm led by Director Nastasja Otrebski, with a 5-star Google rating across 12 reviews and a Level 4 B-BBEE rating, the team approaches each case methodically, from bail through to trial or representations.
Disclaimer. This article is general information about South Africa’s drunk driving framework and the AARTO roll-out, and is not legal advice. The applicable law includes the National Road Traffic Act 93 of 1996, the Criminal Procedure Act 51 of 1977, and the Administrative Adjudication of Road Traffic Offences Amendment Act 4 of 2019, all of which may be amended. For guidance on a specific charge, confirm current requirements with the Legal Practice Council, the Road Traffic Infringement Agency, the relevant Regional Court, or a qualified criminal law attorney.