Drunk Driving in South Africa: The Legal Limits and What Happens

South Africa sets its drink-driving limits in the National Road Traffic Act 93 of 1996 (NRTA), which applies uniformly throughout the country. Whether you are stopped in Johannesburg, Durban or Cape Town, the same section 65 limits and the same court penalties apply.

This page sets out the limits, the separate offences in section 65, what refusing a test means, and the penalties the Act provides. Figures are as of 25 October 2026.

The Legal Alcohol Limits

Section 65 of the NRTA sets two measures, one for blood and one for breath, with a lower limit for professional drivers. It is an offence if your reading is at or above the limit ("not less than", in the Act's words).

The Act writes these with decimal commas (0,05 and 0,24). A professional driver here means a professional driver referred to in section 32, which requires a professional driving permit to drive a motor vehicle of a prescribed class.

The Act sets concentrations, not a number of drinks. How quickly any person reaches the limit varies, so the only reading the law cares about is the one taken from your blood or breath.

Three Offences in Section 65

Section 65 contains three separate driving offences:

• Under the influence (s65(1)): driving while under the influence of intoxicating liquor or a drug having a narcotic effect. This offence does not depend on a blood or breath reading; it turns on the evidence of your condition.
• Blood over the limit (s65(2)): driving while the alcohol concentration in a blood specimen is at or above the limit in the table.
• Breath over the limit (s65(5)): driving while the alcohol concentration in your exhaled breath is at or above the limit. The breath reading must be taken with the prescribed equipment (s65(7)).

Each offence applies on a public road, and each covers two kinds of conduct: driving a vehicle, or occupying the driver's seat of a motor vehicle "the engine of which is running". Sitting in an idling car over the limit can therefore be an offence even if the car never moves.

The two-hour presumption

Specimens are rarely taken at the roadside moment you were driving. Section 65(3) and (6) deal with this: if a blood or breath specimen taken within two hours after the alleged offence shows a concentration at or above the limit, the court presumes, in the absence of evidence to the contrary, that the concentration was at or above the limit when you were driving.

For blood specimens, section 65(4) adds a presumption that the syringe and the container sent to the analyst were free of any contamination that could have affected the result, again unless there is evidence to the contrary.

Refusing a Breath or Blood Test

Section 65(9) states: "No person shall refuse that a specimen of blood, or a specimen of breath, be taken of him or her."

Refusal is an offence in its own right. Section 89(2) lists section 65(9) alongside the drink-driving offences, so it carries the same maximum penalty.

The Act also restricts what you may do while detained. Under section 65(8), a person detained for a section 65 offence may not consume anything containing alcohol, except on the instruction of or when administered by a medical practitioner, and may not smoke until the blood or breath specimen has been taken.

Penalties on Conviction

Drink driving is a criminal offence, prosecuted in court. The penalties come from two parts of the NRTA.

Fine or imprisonment (s89(2)). A person convicted of an offence under section 65(1), (2), (5) or (9) "shall be liable to a fine or to imprisonment for a period not exceeding six years". Section 89 does not set a rand amount for the fine: the court decides the sentence within the law. Section 89(7) confirms that a magistrate's court may impose any penalty the Act provides.

Licence suspension (s35). For a conviction under section 65(1), (2) or (5), the driving licence of a licence holder must be suspended, calculated from the date of sentence, for at least:

Several further rules apply:

• No licence yet: a person convicted who does not hold a driving licence is disqualified from obtaining a learner's or driving licence for the same periods (s35(2)).
• The court can reduce it, but only on evidence: if the court is satisfied, after evidence under oath, that circumstances relating to the offence do not justify the suspension or disqualification, it may order that it not take effect, or that it be shorter (s35(3)).
• You must be told first: before sentencing, the court must bring the suspension rules and the possibility of a reduction to your attention (s35(4)).
• All your licences: a suspension or cancellation by court order applies to every licence, or licence and permit, you hold (s36(2)).
• Longer orders are possible: separately, section 34 lets a court convicting a person of a driving offence suspend a licence for a period it considers fit, cancel it, or declare the person disqualified from obtaining one.

The mandatory section 35 suspension list names section 65(1), (2) and (5), not the refusal offence in section 65(9); a court can still use its general powers under section 34 on a refusal conviction.

A conviction is a criminal record. Whether it can later be removed depends on the sentence and the waiting period set by the Criminal Procedure Act, explained in our guide to criminal record expungement.

AARTO and Demerit Points

Many drivers ask whether drunk driving now costs demerit points. As of 25 October 2026 we found nothing showing that it does: the AARTO demerit points system (sections 24 to 28 of the AARTO Act) is not reported to have commenced anywhere.

AARTO Phase 2 began on 1 July 2026. The RTIA says it is being rolled out across 62 local and metropolitan municipalities, building on the earlier implementation in Johannesburg and Tshwane. Legal reporting on the June 2026 proclamations describes that phase as covering the administrative machinery, such as infringement notices, courtesy letters and enforcement orders, and says the demerit points sections were not included. The RTIA's media statements page, checked on 25 October 2026, carried no release later than its 1 July 2026 Phase 2 statement, and that statement does not mention demerit points. Current reporting expects points in a later phase, possibly in 2027, with no gazetted date.

The section 65 limits and the court penalties above apply whether or not your municipality is under AARTO. For the full rollout timeline, see the AARTO demerit system page.

Changes Not Yet in Force: Cannabis and Drugs

The Cannabis for Private Purposes Act 7 of 2024 would rewrite section 65 of the NRTA to add THC (the active compound in cannabis) and narcotic drugs, alone or combined with alcohol, with new concentration thresholds. SAFLII's consolidation of the Act (updated to 10 December 2024) shows these changes as commencing on a date still to be proclaimed.

Until they commence, the limits in the table above are the law. Driving while under the influence of a drug having a narcotic effect is already an offence under the current section 65(1).

Related Pages

See the South Africa traffic laws section for how traffic offences are processed, our guide to traffic fines, and the learner's licence guide for new drivers. If a crash is involved, the Road Accident Fund claims guide explains how injury claims work. For other areas of South African law, start at the South Africa legal guide.

This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa (0800 110 110) if you cannot afford one.

Frequently Asked Questions

How much alcohol can I have in my blood and still drive legally?

Less than 0.05 grams per 100 millilitres of blood, or less than 0.02 grams if you are a professional driver under section 32 of the National Road Traffic Act. On a breath test the equivalent limits are 0.24 and 0.10 milligrams per 1,000 millilitres. The Act sets concentrations, not a number of drinks, and you can still be charged with driving under the influence below the limit if your driving is impaired.

Who counts as a professional driver for the lower limits?

Section 65 applies the lower limits to a professional driver referred to in section 32, which requires a professional driving permit to drive a motor vehicle of a prescribed class. Whether your vehicle falls in a prescribed class depends on the regulations, so check with your licensing authority if you drive for work.

Can I refuse a breathalyser or blood test?

Section 65(9) says no person shall refuse that a specimen of blood or breath be taken. Refusal is a separate offence, and section 89(2) gives it the same maximum penalty as drink driving itself: a fine or imprisonment of up to six years.

Is it an offence to sit in a parked car with the engine running after drinking?

It can be. Each of the section 65 offences covers both driving a vehicle and occupying the driver's seat of a motor vehicle whose engine is running, on a public road, while over the limit or under the influence.

Will I lose my licence if convicted of drunk driving?

Section 35 requires the court to suspend your driving licence for at least six months on a first conviction, five years on a second and 10 years on a third, calculated from the date of sentence. The court may order a shorter period or no suspension only if, after evidence under oath, it is satisfied that circumstances relating to the offence do not justify it, and it must explain this to you before sentencing.

Do I get AARTO demerit points for drunk driving?

Not as far as we can confirm. Legal reporting on the June 2026 AARTO proclamations says they did not bring the demerit points system (sections 24 to 28 of the AARTO Act) into force, and as of 25 October 2026 we found no later notice that does. Drink driving is prosecuted as a criminal offence under the National Road Traffic Act.

Does a drunk-driving conviction give me a criminal record?

A conviction under the National Road Traffic Act is a criminal conviction. Whether and when it can later be expunged depends on the sentence imposed and the waiting period in the Criminal Procedure Act; our expungement guide explains the rules.