5-Year Driving License Ban & Ksh100K Fine for All Motorists in Proposed Traffic Rules

Motorists will face hefty penalties, including suspension of driving licences for extended periods, should the proposed Drunk Driving Rules 2025 be passed by Parliament.

As proposed by the Ministry of Transport, the government will implement a tiered penalty system for motorists found guilty of driving while intoxicated above the set limit.

Under the proposed system, the penalties will increase with each subsequent offence.

For instance, first-time offenders will face a license suspension of up to 30 days while repeat offenders within specified timeframes may have their licenses suspended for up to a year.

A fourth offence committed within two years will result in automatic revocation of the driving license, with a mandatory five-year disqualification.

Ksh100,000 Fine for Non-Compliance

Additionally, the proposed rules stipulate that motorists will be fined if they fail to comply with police who want to undertake an alcohol test

"Rule 8 deals with refusal to comply with alcohol testing procedures. It criminalizes the act of refusing to provide a specimen upon a lawful request by an authorized police officer," read the proposed rules in part.

"Offenders are liable to penalties as prescribed under section 44 of the Traffic Act, ensuring that refusal to cooperate does not serve as a loophole for avoiding accountability."

Alcohol Tests

As detailed in the law, there will be three tests available, and they include the use of a breathalyzer, blood tests, and urine tests.

Breathalyzer (Alcoblow)

Each test must involve a fresh, single-use straw to ensure hygiene and prevent contamination. I

"The Rule further requires that breathalyzers be calibrated regularly according to manufacturer specifications and that only trained and certified police officers may administer breath tests," read the rules in part.

Blood and Urine Tests

The rules stipulate that a driver may demand specimens for alcohol testing where there is reasonable suspicion of drink-driving or where a traffic accident has occurred.

"Rule 7 addresses situations where blood or urine samples are necessary for accurate alcohol testing. It stipulates that such samples must be collected by qualified health professionals, ensuring both procedural integrity and the protection of patient welfare.

"In circumstances where the suspect is hospitalized, specimen collection must not interfere with medical treatment and requires the consent of the attending physician."

Prescribed Alcohol Content Limit

Notably, the rules ban Public Service Vehicle (PSV), school bus and commercial vehicle drivers from driving after consuming alcohol.  This means that any measurable amount of alcohol in their system will be an offence.

However, for private vehicles, the set limits are a maximum of 45 micrograms of alcohol per 100 milliliters of breath, 80 micrograms per 100 milliliters of blood, or 107 micrograms per 100 milliliters of urine.