Six years in jail for drunk driving in South Africa

Popular travel routes heading into Easter will face heightened levels of policing, with KwaZulu-Natal authorities promising tougher penalties for those caught drunk driving.

KZN Transport MEC, Siboniso Duma announced that his department will clamp down hard on drunk drivers during the upcoming Easter weekend, threatening jail sentences of up to six years.

The routes between Gauteng and KZN’s coast are some of the busiest in the country, and traffic volumes shoot up tremendously over holiday periods.

The province is expected to see 1,500 vehicles per hour toll gates en route to the coast for the Easter weekend.

The KZN transport department said that it has deployed a team of 837 officials from the road traffic inspectorate to man roadblocks on various key routes.

Authorities will check for roadworthiness, and the Department of Transport has deployed 120 law enforcement officers to aid safety and security checks.

The department said it is taking a “no mercy” approach to lawbreakers and will work with the National Prosecuting Authority to ensure they are brought to justice.

Specifically, the department will pursue longer jail terms for those who are caught, prosecuted and convited of drunk driving, seeking a sentence of six years.

“We’ve got these new penalties that were announced by the (transport) minister,” the department said.

“We have mandated law enforcement officers to come down hard on motorists found to be driving under the influence of alcohol.”

It added that longer prison sentences should be a deterrent and help in tackling South Africa’s drunk driving problem.

The move by KZN authorities has received wide support, with the Democratic Alliance pushing for even tougher restrictions.

The party said that traffic authorities should take the same zero-tolerance approach for speeding and reckless driving, and impose speed restrictions on vehicles transporting children.

“Driving under the influence is not a mistake—it is a choice. And it is a choice that puts lives at risk,” the party said.

“This new measure is not about punishment – it is about prevention and protection. We urge drivers to make responsible decisions behind the wheel.”

What happens if you are arrested for drunk driving

In terms of the National Roads Act, it is illegal for a driver to operate a motor vehicle while having more than 0.05 gram per 100ml in their blood.

Of note is that it is up to law enforcement officials to choose whether they want to use a breathalyzer or not.

If a driver is found to be over the limit, they will be arrested and taken into custody. Further tests will then be conducted, like a blood test.

Drivers cannot refuse a blood test but can have their medical practitioner present.

During this time, the driver will be detained in a holding cell until they have been granted bail or at the next court appearance, which needs to be done within 48 hours.

However, weekends are not included in the 48 hours, and if a driver is arrested over a weekend or a long weekend, they could be detained for longer than 48 hours.

Typically, a driver faces a minimum fine of R2,000 or up to six years in prison, but the KZN transport department has made it clear that it will push for the maximum sentence.

A drunk driver also faces the risk of having their driver’s licence suspended.

South African motorists have been warned that traffic authorities will ramp up policing and enforcement over the coming Easter period and that they should expect to face more roadblocks.

Legal experts have cautioned drivers to be mindful of how they approach these stop points and to also remember their own rights when dealing with traffic officials.