What the New Legal Alcohol Limit Really Means

What South Africa’s “New” Legal Alcohol Limit Means for Motorists

South Africa consistently discusses changes to road safety laws. Now, it’s been a hot topic for years, but this time is different, according to Transport Minister Barbara Creecy. Plans are underway to enforce a zero-tolerance policy on drinking and driving. If and when it happens, drivers will need to take extra care in socialising responsibly. 

This new proposal comes as a result of South Africa’s deadly festive season, and in addition to the increasing concern over alcohol-related road accidents. In fact, one department supporting this new proposal is the Parliament’s Portfolio Committee on Transport, which insists that the new rules be enforced before Easter 2026. 

So, what does that mean for you and other motorists?

What is the Legal Limit to Drink and Drive

As of February 2026, drivers are legally permitted to drink a small amount of alcohol – provided they stay below the prescribed threshold.

Today (and introduced decades ago), the legal alcohol limit in South Africa allows:

• 0.05g per 100ml of blood for average motorists.
• 0.02g per 100ml of blood for professionals.

When it comes to breathalyser tests, the threshold looks like this:

• 0.24 mg/L for average motorists.
• 0.10 mg/L for professionals.

According to the Transport Minister, these thresholds no longer represent South Africa’s road safety crisis. 

What Does the New Legal Alcohol Limit Look Like?

Over the 2025/2026 festive period, around 170,000 drivers were screened for alcohol intake. As a result, 8,500 tested positive and were arrested. “This represents a 144% in rease in the number of arrests for drunken driving since the previous year,” Creecy explains. 

The new proposal to amend Section 65 of the National Road Traffic Act would remove these limits completely. In short, any measurable amount of alcohol in your system while driving would be illegal and would warrant arrest.  

Creecy has made things clear: “The time has come for us to amend the law so that we have a clear-cut, unambiguous policy that says drinking and driving is not allowed.” She stated that she cannot justify current allowances for families who have lost loved ones in alcohol-related accidents.  

Donald Selamolela, chairman of Parliament’s Portfolio Committee on Transport, has shown much-needed support. “The Committee supports the consideration of a total ban on alcohol use on the roads. It is clear now that decisive action is required,” He says. 

With over 1,400 fatalities recorded during the festive period, lawmakers say that clearing things up could prevent fatalities. The new zero-tolerance alcohol limit is designed to prevent confusion and toughen enforcement. 

Drinking and Driving Charges 

If you’re over the legal alcohol limit, expect serious consequences.

According to the South African Police Service, law enforcement agencies are and will continue to increase roadblocks and checkpoints. That said, if you are stopped and found to be over the legal limit: 

1. You will be taken into custody and face charges for Driving Under the Influence of Liquor. 
2. You may be held in custody until bail is paid, and in some cases, bail could be denied. 
3. You face a minimum fine of R2,000 or up to two years’ imprisonment, or both. Your driver’s license may be suspended or revoked. You will have a criminal record.

The Portfolio Committee has even proposed stricter penalties, including permanently banning offenders from obtaining a driver’s licence.

“Transgressing drivers should face stiff sanctions, including being banned from ever having a licence to drive. Drunk driving remains a serious and dangerous offence,” Selamolela said.

Read more on knowing your rights and what to do if you’re stopped by a police officer. 

Why is the Change Happening Now? 

The call for a harsher legal alcohol limit comes after concerning festive season statistics and long-standing concerns about the role alcohol plays in road fatalities.

In support of the zero-tolerance limit, the Congress of South African Trade Unions has shown extensive support, noting roughly 40% of South Africa’s 14,000 annual deaths on the road are connected to alcohol consumption.

The Bottom Line

For drivers, knowing the legal limit for drinking and driving and how it might change soon is essential. The consequences of making a mistake go well beyond just a fine. They can impact your license, your record, and most importantly, others on the road.

For more on road safety, we’ve covered everything you need to know about local road laws.