Opinion: Could a zero drink driving limit actually do more harm than good? Let common sense prevail

Should a zero-alcohol limit be introduced for South Africans in light of the unthinkably tragic carnage seen on our roads each and every day?

The debate has resurfaced in the media this week, despite the original legal proposal having been rejected by Parliament’s Portfolio Committee back in 2022 due to potential complications, which we’ll get to a bit later.

But first, what is a zero-alcohol limit?

The proposed law would make it illegal for South Africans to have any alcohol in their system whatsoever, when behind the wheel of a vehicle.

Current legislation allows regular motorists to have a blood alcohol content (BAC) of 0.05 grams per 100 millilitres. For the average person this is around one standard drink or less per hour, but in the real world it varies widely based on a range of factors such as your weight and what you’ve eaten. The BAC limit for professional drivers is 0.02.

The Automobile Association, in a statement issued this week, is calling for the blood-alcohol allowance to be reduced to zero for everyone.

“Every life is valuable, and no one should have to suffer the consequences of a careless decision to drink and drive,” the association said.

However, there is substantial evidence that casts doubt on whether lowering the alcohol blood limit would make any difference to road death statistics, but let’s start with some anecdotal common sense.

By reducing the limit to zero, you are widening the potential pool of convicts and opening the door to less ethical enforcement officers homing in on potential ‘soft targets’.

But besides that aspect, by targeting the Average Joe (or Jolene) who has enjoyed a light beer with dinner, you are using up resources that could have been directed towards prosecuting drivers who are actually intoxicated and who present the real danger on our roads.

And why are we seeking to make the laws stricter when we can’t even enforce the existing ones effectively? The current rate for successful prosecutions is believed to be just 7%, according to South Africans Against Drunk Driving (SADD).

Would a lower limit actually make the roads safer?

Road safety expert Rob Handfield-Jones, who is managing director of driving.co.za, argues there is no evidence to support this theory. 

He cites the Grand Rapids study in the US in the 1990s, which found no certain link between alcohol and road crashes at a BAC level of 0.04 or below. 

South Africa’s BAC limit was reduced from 0.08% to 0.05%, effective from 1999, but NIMMS data from that year until 2008 shows the percentage of drivers killed under the influence of alcohol actually increased from 54% to 58%, Handfield-Jones added. 

Numerous other arguments were brought before Parliament before the zero-limit proposal was officially rejected in 2022, including the transient effects of some mouthwashes and medications and certain rare medical conditions, such as Auto-Brewery Syndrome, which cause the human body to produce small quantities of its own alcohol.

“With a zero limit, this could lead innocent motorists to incur a criminal conviction without being in any way under the 'influence of alcohol' in the sense one would normally understand the phrase to mean. The current limit provides justifiable protection against such convictions,” Handfield Jones said.

The AA, in its argument for a zero-limit, also pointed out that the first two weeks of the Covid lockdown of 2020 saw a 60% decrease in injuries resulting from road traffic crashes and violent assaults.

But hang on a minute... weren’t the streets virtually empty during that time?

But one thing the AA is completely correct about is that far stricter penalties, such as immediate detention, should exist for those caught driving under the influence.

Caro Smit, founder of South Africans Against Drunk Driving (SADD), said there will be no difference in the numbers unless there is effective enforcement as well as swift and successful prosecution for the majority of those caught.

Her organisation recommends a BAC limit of 0.02 because testing for zero is a complicated process that can lead to cases being thrown out of court.

A sensible approach

The South African Medical Research Council also advocates a 0.02 threshold for all motorists, with administrative rather than criminal sanctioning (such as fines) for those found to have a BAC of between 0.02 and 0.05.

This is perhaps the best compromise of all, as you’re eliminating the aforementioned drawbacks of a zero-limit and also avoiding the draconian criminalisation of Average Andile or Regular Racheal, who only had one beer with dinner. You are, however, still getting South Africans to think twice about their decision to drive under the influence as even an innocent looking single glass of wine could hit them in the pocket.

But regardless of where the legal limit is set, South Africans are well and truly in need of a wake-up call when it comes to the incredibly dangerous act of drinking and driving, and of reckless driving in general for that matter. And without a significantly higher conviction rate, and harsh punishment for those who are intoxicated, this simply isn’t going to happen.

The law allows for a jail term of up to six years for drunk drivers, but this is seldom enforced.

There isn't clear-cut data on the exact correlation between alcohol use and fatal crashes in South Africa, but the Road Traffic Management Corporation (RTMC) says estimates vary from 33% to 69%, which is incredibly significant, even if the lower number applies.

A final parting shot from Caro Smith: "Drunk driving is not an ACCIDENT. It's a CHOICE. It's an irresponsible and selfish act that kills and injures many people in South Africa, throwing their family into permanent grief, and often into poverty or further into poverty.

“The cost to the SA fiscus and health system is enormous and the amount of money that the government makes off alcohol through taxes is surely much less than what DUI costs the country.”

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