Law Allowing Reintroduction of Alcoblow on Kenyan Roads Takes Effect

A new law allowing traffic police to reintroduce breathalyzers, popularly known as Alcoblow, on Kenyan roads has taken effect.

The Traffic (Amendment) Act, 2022, which seeks to tame drink-driving, came into effect on Monday following its assent by President Kenyatta on June 21st.

The Traffic Act of 2013 was reviewed to address a conflict with the Traffic (Breathalyzer) Rules, 2011 which criminalized drink-driving, an offense the principal act did not provide for.

While the amended act made drink-driving an offense only if the update of alcohol impairs the ability of a driver to competently control a vehicle, the breathalyzer rules set a threshold beyond which drivers were considered to be intoxicated beyond allowed limits, hence in breach of the law.

The revised act reconciles legislation on drink-driving by introducing a two-year jail term or a Sh100,000 fine for drivers whose alcohol levels exceed prescribed limits.

 “Any 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 offense and, liable to a fine not exceeding one hundred thousand or to imprisonment for a term not exceeding two years or to both,” the law reads in part.

The amended provisions emanated from a 2014 Appeal Court ruling that declared that alcoblow rules had introduced a new offense that was not provided for the principal act.

A breathalyzer is an electronic device used to estimate the blood alcohol content (BAC) from a breath sample.

Drivers are prohibited from handling a vehicle if they have consumed alcohol in excess of 35 micrograms per 100 milliliters of breath, 80 milligrams of alcohol per 100 milliliters of blood, and 107 milligrams of alcohol per 100 milliliters of urine.

Per the breathalyzer scale, a driver is allowed to drive if their alcohol level ranges between zero and 0.29 on the calibrator. Drivers of public service vehicles are entirely prohibited from driving after drinking, and their test result should read zero. Private motorists are allowed up to 0.35 micrograms of intoxication.