When Can You Refuse a Blood or Breath Alcohol Test in South Africa?
Being stopped by law enforcement under suspicion of drunk driving can be a nerve-racking experience. In South Africa, traffic officers and the police have the legal authority to require you to undergo a breathalyser or blood alcohol test if they suspect you are driving under the influence.
But do you have a right to refuse these tests? And what are the legal consequences if you do?
At Barter McKellar, we help clients navigate DUI charges and understand their rights. Here’s everything you need to know about refusing a blood or breath alcohol test in South Africa.
The Legal Framework: National Road Traffic Act
The National Road Traffic Act 93 of 1996, specifically Section 65, regulates alcohol consumption by drivers and authorises testing for blood alcohol content (BAC). South African law sets the legal limit at:
0.05g per 100ml of blood for regular drivers;
0.02g per 100ml of blood for professional drivers (those with PDPs – Professional Driving Permits).
If a traffic officer reasonably suspects that you are under the influence, they are permitted by law to demand a test.
Can You Legally Refuse a Breath or Blood Test?
You Cannot Refuse Without Consequences
While you technically can refuse to submit to a breathalyser or blood test, doing so comes with serious legal implications.
Under the Act:
Refusing a test may constitute a criminal offence;
You may be charged and prosecuted for refusing to comply;
The police can apply reasonable force to compel a blood test if you refuse and a warrant is granted;
A refusal can be used as evidence of guilt in court proceedings.
⚠️ Important: A refusal does not prevent prosecution. Officers can still arrest and charge you based on their observations, witness accounts and circumstantial evidence.
When Is a Warrant Required for a Blood Test?
In most cases, a blood test requires your consent. However, if you refuse:
The police may obtain a warrant from a magistrate or judge to draw blood forcibly;
In urgent or life-threatening situations, a warrant may not be needed, especially if there is a danger that evidence will be lost;
Blood samples must be taken by a medical practitioner or registered nurse, not police officers.
Your Rights During Alcohol Testing
Even if you’re suspected of drunk driving, you have important constitutional rights, including:
The right to remain silent;
The right to be informed of the reason for your arrest or detention;
The right to legal representation;
The right not to be subjected to inhuman or degrading treatment, which includes forceful or abusive conduct during sample collection.
If your rights were violated during arrest or testing, Barter McKellar can assist with defending charges or lodging complaints against police misconduct.
What Happens After the Test?
Breathalyser results are instant, but may be disputed for inaccuracy.
Blood test results are sent to a lab and can take several weeks.
If your BAC is above the legal limit, you may face charges for:
Driving under the influence (DUI);
Driving with an excessive blood alcohol level.
Both carry potential criminal records, fines, licence suspension and imprisonment.
How We Can Help
At Barter McKellar, we offer:
Legal assistance after arrest;
Bail applications and representation in court;
Review of test procedure legality;
Technical defences based on improper testing or constitutional breaches;
Record expungement services for past convictions where eligible.
Don’t Face DUI Charges Alone
Being charged with a drunk driving offence can affect your freedom, your career, and your reputation. We work quickly and thoroughly to defend your rights and protect your future.
