Having a drink (or two) to celebrate or even on a casual night out is all fun and games until it’s time to get behind the wheel and take that drive home.
“I didn’t have much to drink, I’m sure I’ll be ok to drive”, is the narrative we often tell ourselves. The smallest amounts of alcohol can affect judgement and co-ordination. Alcohol creates false confidence and allows drivers who are under the influence to believe that they are in control when in fact they lack control.
So…… how much exactly am I allowed to drink before I get behind the wheel?
In Malaysia drinking over the prescribed limit and then getting behind the wheel is an offence. Section 4G of the Road Transport Act 1987 has set the prescribed limit as follows:
1. 20 microgrammes of alcohol in 100 millilitres of breath
2. 50 milligrammes of alcohol in 100 millilitres of blood;
3. 67 milligrammes of alcohol in 100 millilitres of urine.
There are many factors that can contribute to an individual’s blood alcohol level such as the time period between each glass of alcohol, the individual’s alcohol tolerance level and the type of alcohol being consumed. Therefore, it is impossible to provide an exact figure on the number of alcoholic drinks that can be consumed before the prescribed limit is reached.
I drank over the prescribed limit, I’ve been stopped at a roadblock, what do I do?
The best thing to do in this situation is corporate with the police officer and comply with any order given unless you have a reasonable justification for not doing so.
Now, what are my potential punishments if I’m convicted of drunk driving?
On 23rd October 2020, amendments were made to the Road Transport Act to include heavier penalties for those convicted of drink driving.
The amendments made to Section 44 Road Transport Act 1987 sets out the potential liabilities for drink driving offenders. The two factors to consider and the relevant penalties are as follows;
I. Death was caused to another person
First Time Offenders
• Imprisonment for a term between 10 years to 15 years, a fine in the range between RM50,000 and RM100,000
Repeat Offenders
• Imprisonment for a term between 15 years to 20 years, a fine in the range between RM100,000 and RM150,000
II. Injury was caused to another person
First Time Offenders
• Imprisonment for a term between 7 years to 10 years, fine in the range between RM30,000 and RM50,000
Repeat Offenders
• Imprisonment for a term between 10 years to 15 years, fine in the range between RM50,000 and RM100,000 and
III. No death or injury caused to another person
First Time Offenders
• Imprisonment for a maximum period of 2 years, fine in the range between RM10,000 and RM30,000
Repeat Offenders
• Imprisonment for a maximum period of 5 years, fine in the range between RM20,000 and RM50,000
I was found over the prescribed limit in my car parked by the side of the road. Will I still face any penalties?
In this instance section 45A of the Road Transport Act, that focuses on being in charge of a vehicle comes into play.
What exactly does it mean to be in charge or a vehicle?
Here are some questions to ask yourself to determine if you’re “in charge” of a vehicle;
I. Were you at the front seat of the vehicle?
II. Was the key in the ignition?
III. Was there ANY other reason that at the material time the circumstances were such that there was a likelihood of you driving the vehicle?
If the answer to all the above questions is no then YOU’RE IN LUCK, there is no basis to be found guilty under this section.
But…
If the answer to all the above questions is yes then this is what you’re looking at; Being In Charge
First Time Offenders
• Imprisonment for a maximum period of 2 years, fine in the range between RM1,000 and RM5,000.
Repeat Offenders
• Imprisonment for a maximum period of 5 years, fine in the range between RM5,000 and RM10,000.
Can I continue driving if I’m charged with drunk driving?
If you have been charged with drunk driving but not yet convicted, your driving license will be confiscated and suspended from the date of your charge until the Court makes a decision on the charge against you.
Feeling impatient waiting for the Court’s decision and having a deep urge to drive? – DON’T.
Driving with a suspended driving licence is an offence under the Road Transport Act 1987 (section 32(3)). You will likely be facing imprisonment for a maximum term of 1 year. If you’re lucky and the Court finds there are special circumstances that do not justify imprisonment, you will have to pay a maximum fine of RM5,000.
The real question is - ARE THESE LAWS STRICT ENOUGH?
Let’s start by comparing Malaysia’s law on drink driving to some of our favourite holiday spots;
Singapore
If you are a first time offender of drink driving in our neighbouring country, you are liable to a fine in the range of $2,000 and $10,000 and/or up to 1 year of imprisonment. If you repeat the fine increases to a range between $5,000 and $20,000 and/or up to 2 years of imprisonment.
United Kingdom
A person who has caused death to another person by driving under the influence of alcohol is punishable with imprisonment for a maximum period of 14 years, unlimited fine and a suspended driving license.
Switzerland
Switzerland takes an interesting approach relating to drink driving penalties.
A person who is caught drink driving will have their license suspended for a period of 3 months from the date of conviction in addition to being fined and imprisoned for a maximum period of 3 years. Fines in some cases however will be based on income and wealth. This ensures that every convicted drunk driver will feel the pinch in his wallet with the imposed fine.
It’s fair to say that Malaysia’s laws on drink driving are not exactly lenient but they are significantly disproportionate. We have to acknowledge that the penalties will only probably cause a pinch in a poor man’s wallet. Undoubtedly there is room for improvement. However, if the laws are enforced properly and there is certainty that drink drivers will be caught and punished, the practice of drinking and driving can be deterred.
References
1. Road Transport (Amendment) Act 2020, s11
2. Road Transport (Amendment) Act 2020, s6
3. Road Transport Act 1987, s 4G
4. Road Transport Act 1987, s 44
5. Road Traffic Act 1991, s 3
6. Road Traffic Act (Chapter 276), s 67 7. Road Traffic Act, SVG
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