Did you know new laws are being considered for drinking and driving in our beautiful country? Drunk driving laws may soon become even more strict, and they could even affect your car insurance premiums.
Everyone knows you aren’t supposed to drive under the influence of alcohol. Not only is it more likely to cause a fatal crash, but you could also get into trouble with a police officer on the road. Drunk driving law is there to protect us all, but some think the laws are not strict enough.
What Are the Current Drinking and Driving Laws?
The current legal blood alcohol limits are 0.05g per 100ml, and the legal breath alcohol concentration is 0.24g per 1,000ml. This equates to having a beer after work and still ensures alcohol impaired drivers aren’t let loose on our roads.
The stronger the concentration of alcohol in the blood, the more intoxicated the driver. If you stay within the legal limits of blood alcohol concentration, you can avoid being arrested as a drunk driver (or worse, causing a fatal accident).
Why Are Changes Being Put Forward?
When the pandemic hit in 2020, full lockdowns saw a sudden drop in injuries and fatalities because of accidents. ICU rooms emptied of accident patients, ready to accommodate pandemic patients. Once the strictest lockdown rules were relaxed, it became clear that it was not just because most people were off the road.
Since drinking was prohibited at certain levels of lockdown, the connection between driving under the influence of alcohol and injuries because of accidents became more obvious.
South African roads saw many fewer accidents during the periods where drinking was not allowed. This means that the consumption of alcohol is a major contributor to the high levels of accidents on South African roads. As such, many feel it is time to bring the legal level down to zero.
What Changes Are Being Proposed in South Africa’s Drunk Driving Laws?
The government is currently considering changes to the law which would lower the legal limit for driving from 0.5mg/ml to 0mg/ml. The bill also proposes that the legal alcohol level in breath be lowered to zero.
The proposal to introduce a zero-tolerance alcohol limit for all motorists remains a major focal point of South African road safety policy in 2026. While the National Road Traffic Amendment Bill—which seeks to amend Section 65 to scrap the current legal limits—has been under discussion since 2020, it has faced a complex journey through Parliament.
In a significant update on 15 January 2026, Minister of Transport Barbara Creecy reaffirmed the government's commitment to this shift, citing a 144% increase in festive season drunk-driving arrests. The Department of Transport is currently fast-tracking the amendment process, with the Portfolio Committee on Transport calling for the new laws to be implemented as soon as Easter 2026.
However, until this amendment is officially passed into law and gazetted, the existing legal limits remain in effect: 0.05g/100ml for general drivers and 0.02g/100ml for professional drivers. Motorists should be aware that if the "zero means zero" law is enacted, even a single drink or certain alcohol-based medications could result in criminal prosecution and a potential lifetime driving ban—a penalty currently being debated by lawmakers to further deter offenders.
How Will the National Road Traffic Amendment Act Affect You?
If these proposed changes to the National Road Traffic Act are passed, it could affect more than your evening beer. These changes have serious implications.
- You may find yourself in trouble with the law if you are in any accident and have had even one drink.
- Since some medications and foods can give false positives for alcohol consumption in the breath or blood, you might get into trouble anyway if you’ve had tiramisu, for example.
- If you get caught driving with any level of alcohol in your blood, it goes on your record and can even influence your insurance costs.
- This law aims to protect us by reducing the number of accidents, but some have pointed out that our current laws are sufficient; they just need to be enforced better.
Why Would a Drunk Driving Record Under the New Law Influence your Insurance Premium?
Your insurance policy includes terms, conditions, and exclusions. For example, suicide may not be covered, and they may require you to park your car in a locked garage. These terms often include a requirement for keeping the law and driving responsibly.
Reckless driving or driving under the influence of alcohol can negatively affect your risk profile. As a result, the insurance company may feel it is more risky to insure you. This, in turn, could cause your comprehensive car insurance premium to go up, since many insurers calculate your premium using your risk profile.
Insurers like King Price Car Cover and Santam Car insurance use your risk profile to determine your insurance payments. You can, however, still save on car insurance. King Price lowers their policyholders’ payments every month as insured motor vehicles’ values drop.
Should I be Worried About the Proposed Laws and My Car Insurance?
As of March 2026, motorists should remain vigilant and informed regarding these legislative shifts. While the move toward a zero-tolerance alcohol limit is in its final stages of parliamentary review, the current legal limits (0.05g per 100ml for private drivers) still apply until the National Road Traffic Amendment Act is officially gazetted. To ensure your criminal record and driving privileges remain safe, the best practice is to avoid any alcohol consumption before operating a vehicle.
It is also a critical time to review your car insurance policy. Most South African insurers already include "exclusion clauses" that allow them to reject claims if any level of alcohol is found in your system, regardless of whether the new law has been fully implemented. You can investigate different insurance products and check for "zero-tolerance" compliance on our site to ensure you have the most robust and affordable cover available.
Getting an insurance quote is fast and simple. Just fill in the form at the bottom of this page, and our system will match you with the best insurer for your specific profile. They will contact you directly—saving you time and call costs!
Disclaimer: This article was last updated in March 2026. While we strive for accuracy, South African road traffic laws are subject to rapid change. The contents of this article are for informational purposes only and should not be construed as legal or medical advice.
Insurance.co.za Content Team
We’re a specialist team of insurance and finance copywriters and content producers. The Insurance.co.za Content Team is a flexible and dynamic team. Hence we publish our content under the Insurance.co.za brand name rather than our personal names.
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