Breathalyzer Set To Return In New Law

Drivers found guilty of drunken driving face a fine of up to 100,000 shillings, a two-year prison sentence, or both under the new law.

Breathalyzers, also known as Alcoblow, will soon be reintroduced on Kenyan roads after President Uhuru Kenyatta signed the Traffic (Amendment) Bill 2021 into law.

Drivers found guilty of drunken driving face a fine of up to 100,000 shillings, a two-year prison sentence, or both under the new law.

A breathalyzer uses a breath sample to estimate the amount of alcohol in one’s blood.

No driver is allowed to operate a vehicle if they have consumed more than 35 microgrammes of alcohol per 100 millilitres of breath, 80 milligrammes of alcohol per 100 millilitres of blood, or 107 milligrammes of alcohol per 100 millilitres of urine.

“A person who, when driving or attempting to drive, or in charge of a motor vehicle on a road or other public place is under the influence of an alcoholic drink or a drug beyond the prescribed limits, shall be guilty of an offence,” it says.

A driver is given a clean bill of health to drive if their alcohol level on the calibrator ranges between zero and 0.29.

Drivers of private vehicles are allowed 0.35 micrograms of maximum intoxication, whereas those operating public service vehicles are completely prohibited from consuming alcohol and must have a zero test result.

Before adjourning for the summer recess on June 9, MPs passed a bill to amend the Traffic Act of 2013. The new law is an improvement on an earlier one that made the use of a breathalyzer illegal in 2017.

Police are currently awaiting publication of the law in the Kenya Gazette before enforcing it.