How Many Beers Is Over the Limit in South Africa?

“How many beers can I have before I am over the limit?” is one of the most common questions South African drivers ask. It is also one of the most dangerous questions to answer with a number, because the legal alcohol limit in South Africa is not measured in beers at all. It is measured in the concentration of alcohol in your blood or breath at the moment you drive.

The honest answer is that there is no fixed number of beers that is safe for everyone. Body weight, metabolism, gender, food intake, the strength of the beer, and how quickly you drink all change how alcohol moves through your system. Two people can drink the same number of beers and produce very different blood alcohol readings.

This article explains what the law in South Africa actually says, what the legal blood and breath limits are, and why counting drinks instead of measuring alcohol is a risky approach. It is general information, not legal advice. For guidance on your specific situation, consult a criminal law attorney.

What the Legal Alcohol Limit in South Africa Actually Is

Driving under the influence of alcohol is governed by section 65 of the National Road Traffic Act 93 of 1996. This is the provision that sets the legal limits and creates the criminal offence of driving with too much alcohol in your blood or breath. The law does not refer to “beers” or to “drinks” anywhere in its wording. It refers only to the measured concentration of alcohol.

For most drivers, the legal limit is a blood alcohol concentration of more than 0,05 grams of alcohol per 100 millilitres of blood. The matching breath limit is more than 0,24 milligrams of alcohol per 1 000 millilitres of breath. If you drive while at or above these levels, you have committed the offence.

For professional drivers, which includes drivers of public transport vehicles and drivers who carry passengers for reward, the limit is much stricter: more than 0,02 grams of alcohol per 100 millilitres of blood, with a correspondingly lower breath limit. In practical terms, even one beer can put a professional driver on the wrong side of the law.

Why No Fixed Number of Beers Applies

Beer is not a uniform unit of alcohol. A 330ml bottle of standard lager at five percent alcohol, a 500ml craft beer at seven percent, and a 340ml can at four percent all contain different amounts of pure alcohol. The law ignores the container and measures only what ends up in your bloodstream.

Even if you drink identical beers, the effect on your blood alcohol concentration depends on a range of personal factors, including:

• Body weight: A smaller person will generally reach a higher blood alcohol reading from the same beer than a larger person.
• Gender: Women typically process alcohol differently to men and reach a higher reading from the same amount.
• Food intake: Drinking on an empty stomach causes alcohol to enter the blood more quickly.
• Rate of consumption: Three beers in thirty minutes produce a very different reading to the same three beers spread over four hours.
• Metabolism and health: Liver function, fatigue, medication and age all change how fast alcohol is cleared.
• Beer strength: A strong craft beer can contain twice the alcohol of a standard lager, so “one beer” can mean very different things.

This is why any rule of thumb, whether “two beers is fine” or “one beer per hour is safe”, is unreliable. The only way to know whether you are over the limit is to know your measured blood or breath alcohol concentration.

How Blood and Breath Alcohol Are Tested in South Africa

South African traffic officers enforce section 65 in two main ways. The first is a breathalyser test at the roadside, which gives an immediate reading of the alcohol in your breath. The second is a blood test, taken at a medical facility by an authorised person, which measures the alcohol in your blood. A breath reading that is over the limit is usually followed by an arrest, and a blood sample may then be taken for evidential purposes.

You are entitled to be informed of your rights during this process, including the right to be examined by a medical practitioner of your own choice. How the samples are taken, stored and analysed matters a great deal, because procedural errors can affect whether the evidence is admissible in court. A criminal law attorney will look closely at these steps if you are charged.

The Legal Consequences of Driving Over the Limit

Driving over the legal alcohol limits is not a traffic infringement you can settle quietly. It is a criminal offence, and a conviction carries real consequences, including:

• A criminal record: A conviction under section 65 stays on your criminal record and can affect employment, professional registration, travel and visa applications.
• A fine or imprisonment: Sentencing depends on how far over the limit you were, whether anyone was injured, and whether you have previous convictions.
• Driver’s licence suspension: A conviction almost always leads to your driving privileges being suspended, which can affect your ability to work.
• Higher consequences where injury occurs: If you drive over the limit and cause an accident in which someone is injured or killed, far more serious charges such as culpable homicide or reckless and negligent driving can follow.

The Safest Approach to Drink-Driving Law

Because the legal limit is measured in blood and breath, not in beers, the only reliable rule is to avoid driving after drinking at all. If you plan to drink, arrange alternative transport, use a ride service, or nominate a driver who will not consume alcohol. This is not only safer for you and other road users; it also removes any risk of a criminal charge under section 65.

You can read the full text of the National Road Traffic Act 93 of 1996 on the official South African government website, or browse South African case law on the Southern African Legal Information Institute (SAFLII) database. These are independent public resources and are not affiliated with any law firm.

Frequently Asked Questions About DUI Alcohol Limits

How many beers put you over the limit in South Africa?

There is no fixed number of beers, because the legal limit is measured in blood and breath alcohol, not drinks. Body weight, gender, metabolism, food intake and beer strength all change how many beers it takes to reach the 0,05g per 100ml blood limit. For some people, even one or two standard beers can be over the limit.

What is the legal blood alcohol limit for ordinary drivers?

Under section 65 of the National Road Traffic Act 93 of 1996, the limit for ordinary drivers is a blood alcohol concentration of more than 0,05 grams per 100 millilitres of blood, or more than 0,24 milligrams per 1 000 millilitres of breath.

What is the alcohol limit for professional drivers?

For professional drivers, including drivers of public transport and passengers-for-reward vehicles, the limit is much stricter at more than 0,02 grams of alcohol per 100 millilitres of blood, with a correspondingly lower breath limit.

Can I refuse a breathalyser test?

Refusing a breath or blood alcohol test when lawfully required by a traffic officer can itself be treated as an offence and can be used against you in court. If you are asked to submit to testing, ask to contact a criminal law attorney, but comply with the lawful instructions of the officer.

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Disclaimer. This article is general information about South African road traffic and criminal law and is not legal advice. It does not create an attorney-client relationship. For guidance on your specific matter, consult a qualified criminal law attorney. Otrebski Attorneys is a 100% women-led, Level 4 B-BBEE law firm based in Sandton, Johannesburg, with a 5-star Google rating across 12 reviews, and its Criminal Law department is led by Director Nastasja Otrebski.