Drink driving remains a cause of serious concern in Malaysia. Every year many people lose their lives as a result of drunk drivers. Last year, the government engaged in many discussions with various agencies and conducted several surveys that all indicated tremendous support for stricter laws around drink driving. These results led to a review of the law and the introduction of the Road Traffic (Amendment) Act of 2020to improve road safety. The Act came into effect on 23 October 2020.
Many people have been arrested since October under the new laws. They face even stricter penalties than before, and convictions will have significant consequences on their lives. The fact that the law is new is no excuse. All drivers must know the law and the prescribed alcohol limits.
This article discusses the new alcohol limits and the new penalties introduced by the Road Traffic (Amendment) Act.
In Malaysia, there are a few offences relating to drunk driving.
The new prescribed limits introduced by the amendments are as follows:
Yes, if a police officer has reasonable cause to suspect that you committed an offence involving intoxicating liquor, they may request that you provide breath, blood or urine samples for testing. Depending on which samples are requested, there are certain conditions in section 45C relating to the place where the sample may be requested and the rank of the police officer requesting it.
The amended section 45C states that if you fail to provide such samples without a reasonable excuse, you shall be guilty of an offence and sentenced to imprisonment for a period not exceeding two years and fined between RM 10,000 to RM30,000. You will be disqualified to hold a driver’s licence for a minimum of 2 years.
In the case of a second conviction, imprisonment for a period not exceeding five years and a fine between RM20,000 and RM50,000 with a licence disqualification of a minimum of 5 years.
The 2020 amendments provide for much stricter penalties for section 44 and 45 offences.
A person causing the death of another person whilst driving under the influence shall, if convicted, be punished to imprisonment for at least ten years and not more than 15 years, and a fine of between RM50,000 and RM100,000. The driver shall be disqualified to hold a driver’s licence for at least ten years.
If convicted of causing injury whilst under the influence, the punishment is a minimum of 7 years imprisonment and not more than ten years imprisonment, and a fine of at least RM30,000 and not more than RM50,000. The driver shall be disqualified to hold a driver’s licence for at least seven years.
A person convicted of driving or attempting to drive whilst their alcohol level exceeds the prescribed limit, shall be sentenced to imprisonment for a maximum of 2 years and a fine of at least RM10,000 and not more than RM30,000. Upon conviction, the driver shall be disqualified from holding a driver’s licence for at least two years.
Upon conviction, the person shall be fined to at least RM1000 and not more than RM5000 and be liable to possible imprisonment for a maximum of 2 years. The driver shall be disqualified to hold a driver’s licence for at least two years.
In all section 44 and 45 offences, you will face harsher penalties for subsequent convictions.
In the case of a second or subsequent conviction, the penalty is imprisonment for at least 15 years and not more than 20 years, and a fine of at least RM100,000 and not more than RM150,000. The driver shall be disqualified to hold a driver’s licence for 20 years.
In the case of a second or subsequent conviction, the penalty is imprisonment of at least ten years and not more than 15 years and a fine of at least RM50,000 and not more than RM100,000. The driver shall be disqualified to hold a driver’s licence for ten years.
In the case of a second or subsequent conviction, the penalty is imprisonment not exceeding five years and a fine of at least RM20,000 and not more than RM50,000. The driver shall be disqualified to hold a driver’s licence for at least five years.
In the case of a second or subsequent conviction, the penalty is a fine of at least RM5,000 and not more than RM10,000 and possible imprisonment for a maximum of 5 years. The driver shall be disqualified to hold a driver’s licence for at least five years.
No, when you are charged with a drink driving offence, the police will confiscate your licence and suspend it until your case is finalised in court. You are not allowed to drive whilst your licence is suspended.
If convicted, the details of your conviction will be endorsed on your driver’s licence.
The Act leaves a certain margin of discretion for sentencing a person convicted of section 44 or 45 offence. The court uses this discretion when deciding whether to impose the maximum or the minimum prescribed sentence.
The court will take various factors into account, including:
Facing a charge of drink driving or any related offence is always very serious. Navigating a drink driving trial is complicated, and a conviction can change your life forever. It is essential to seek legal advice as soon as possible. A criminal lawyer with experience in drink driving cases will know your rights and guide you through the process offering advice and representation.