Editor's Review

The new rules also prescribe the limit of alcohol content that drivers can have in their system.

Repeat offenders of drunk driving risk being disqualified from driving for up to five years, should the proposed Drunk Driving Rules 2025 be adopted.

As published by Transport CS Davis Chirchir, the government will introduce a tiered penalty system for motorists. In this case, 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 of the third results in automatic revocation of the driving license, with a mandatory 5-year disqualification period before reapplication is permitted," read the rules in part.

File image of Interior CS Davis Chirchir.

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In effecting the rules, the government has proposed three means of determining the alcohol content of a driver. This includes the use of a breathalyzer, blood tests, and urine tests.

"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.

"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."

Prescribed Alcohol Limit

Only drivers of personal vehicles are allowed to have a measurable amount of alcohol in their system that is within the set limits.

The limits proposed for these drivers 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.

Public Service Vehicle (PSV), school bus, and commercial vehicle drivers will be banned from taking any alcohol when they are driving on the roads.

"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."

Fines in Section 44 of the Traffic Act are set at Ksh100,000.