New drunk driving law: Just one drink could put you over the legal blood-alcohol limit

This law forms part of the Administrative Adjudication of Road Traffic Offences (Aarto) Act proposed by Transport minister Fikile Mbalula back in November 2019.

At present, it is still legal for ‘normal’ drivers to get behind the wheel if their blood-alcohol concentration is under 0.05g per 100ml and 0,24mg breath alcohol content per 1000ml, according to the National Road Traffic Act (NRA).

Professional drivers cannot have more than 0.02g per 100ml in their blood. But all that will change when the new law is implemented in June 2020.

New Zero-Tolerance Aarto Act

The new zero-tolerance law under the Aarto Act means that individuals may not have any trace of alcohol in their system while driving. Mbalula explained:

“We are going to be intolerant to drinking and driving. We’re going beyond saying there’s some percentage – it must be zero percent. It’s going to be zero. No alcohol in the blood – and the law is going to bite with regard to that”.

Mbalula also added that the new legislation received overwhelming support from citizens; out of the 500 000 comments received, only one allegedly queried the zero-tolerance rule.

What will happen if you’re caught over the limit?

According to the South African Police Service (SAPS), those over the limit will be arrested and charged with Driving Under the Influence of Liquor.

Offenders will be held in custody until they are able to post bail; however, bail may be denied in some instances. Depending on prior convictions, offenders could face a fine of R2 000, a prison sentence, or both.

“Depending on prior convictions against you, as well as the circumstances surrounding your arrest, you face a minimum fine of R2 000 or a two-year prison sentence, or both. You may also lose your driver’s licence, or have it suspended. And, of course, you will have a criminal record.”

Demerit points system

Furthermore, the Aarto Act will also introduce a new demerit system to improve road safety and reduce fatalities.

This follows after SA Minister of the Police, Bheki Cele, confirmed that more than 24 000 people – or a staggering third of all arrests – were arrested for drunk driving over the 2019 festive season.

Driving without a seat-belt and using or even holding a cellphone while driving could warrant demerit points, with each incident carrying different levels of severity.

Drivers who have accumulated more than 12 demerits will have their licences suspended, and every point beyond 12 will care a three-month suspension.

Criticism for the proposed demerit system

The demerit system wasn’t received without criticism. The Organisation Undoing Tax Abuse (OUTA) raised the following concern:

“The regulations say those who lose their licences due to the accumulation of the maximum demerit points may be informed by registered post or electronic means, but the AARTO Act says only registered post may be used. This makes the regulation void.”

Outa also listed 22 errors in cross-referencing in the regulations, and said that “the way [the] regulations were drafted makes it very difficult to read and to interpret the Minister’s express intention”.