South Africa is steering toward a zero-tolerance stance on drinking and driving. The Department of Transport has confirmed it will start the process to amend Section 65 of the National Road Traffic Act (NRTA), scrapping the legal alcohol limit for motorists. If passed, any measurable alcohol in your system while driving would be illegal.
Announcing the move on Thursday, 15 January 2026, Minister of Transport Barbara Creecy said: “In today’s South Africa, it is totally unacceptable that there is a law that allows people to drink and then drive… A law that allows drivers to drink a certain amount and get behind the wheel of a car must be scrapped.” The briefing with Deputy Minister Mkhuleko Hlengwa coincided with the release of the 2025/26 festive season road safety report.
Before you change your plans: the law has not changed yet; the government is only beginning the amendment process. Until Parliament passes the bill, it is signed by the President and gazetted, the current limits remain in force.
What the law says today
For general drivers, the legal limit is 0.05 g/100 ml blood alcohol concentration or 0.24 mg/1000 ml breath alcohol. For professional drivers, it is 0.02 g/100 ml blood or 0.10 mg/1000 ml breath. Read Drinking and driving - How much is too much? to see what this means when it comes to wine, beer, and hard tack.
The proposed change would remove these thresholds and introduce a zero alcohol limit.
Why the government wants zero
Officials argue the almost 30‑year‑old policy sends mixed messages. A zero limit is “clear‑cut, easy to understand and unambiguous.” In plain terms: if you are driving, you do not drink. It also aligns with how insurers, employers and the courts already view alcohol in crash liability; tolerance is thin, even when readings are “under the limit”.
Related: What to do if you are arrested for drunk driving in SA
Road-safety numbers behind the policy shift
From 1 December 2025 to 11 January 2026, 173 695 drivers were tested for suspected drunk driving and 8 561 tested positive; this is a 144% increase versus the same period last year. At the same time, fatalities and crashes both fell by 5% year on year during the festive season. There were 1 427 deaths from 1 172 crashes; this was the fewest crashes in five years and the same number of fatalities as the 2023/24 festive period. Enforcement was stepped up with 1 632 roadblocks, 1.8 million vehicles stopped and checked, more than 450 000 traffic fines issued and 525 motorists arrested for excessive speeding.
Annual preliminary figures for 2025 are also trending down: 11 418 fatalities from 9 674 crashes in 2025, versus 12 581 deaths from 10 633 crashes in 2021. Compared to 2024, crashes decreased by 6.4% and deaths by 6.2%.
Related: Festive season stats show a 5% reduction in fatal crashes.
When could it take effect?
The Department says it will embark on the amendment process for Section 65. Timelines and draft wording were not provided. Expect the usual steps: draft bill, public input, parliamentary process and presidential assent before anything changes. We will report updates as they become official.
Related: Can you get arrested for having Dagga in your car?
In a nutshell
Zero means zero is now firmly on the policy agenda. While the current limits still apply today, the message is unmistakable: drinking and driving do not mix in South Africa. Keep the bar and the bakkie separate; it is safer, simpler and could soon be the only legal option.
Sources: Department of Transport media briefing and preliminary 2025/26 road safety report (15 January 2026); SAnews.gov.za.
