Since publishing our article "FAQ on Drink Driving in Malaysia" in July 2020, there have been several important amendments to the law on driving under the influence of alcohol (commonly referred to as "drink driving") in Malaysia. The key amendments concern the lower limits of alcohol allowed and the heavier punishment for drink driving following the Road Transport Act (Amendment) 2020, which came into force on 23.10.2020.
This article answers a frequently asked questions relating to these amendments to the law on drink driving in Malaysia
Please read this article together with our article "FAQ on Drink Driving in Malaysia" for a comprehensive understanding of the laws on drink driving in Malaysia.
1. What are the new prescribed limits of alcohol?
Under Section 45G of the Road Transport Act 1987, the prescribed limit of alcohol has been reduced as follows:
According to the Ministry of Transport, the reduced prescribed limits are in line with the current standards set by the World Health Organisation (WHO).
2. What are the revised penalties for drink driving offences?
3. What happens if a person does not comply with a police officer's order to carry out a breath test?
A person commits an offence under Section 45B of the Road Transport Act 1987 if he fails to comply with a police officer's order to carry out a breath test. The latest amendments to the Road Transport Act 1987 have seen Section 45B of the Road Transport Act 1987 imposing a heavier punishment on those who commit such an offence.
4. What happens if a person does not comply with a police officer's order to provide a specimen of breath, blood or urine for testing?
A person commits an offence under Section 45C of the Road Transport Act 1987 if he fails to comply with a police officer's order to provide a specimen of breath, blood or urine when required to do so. Section 45C of the Road Transport Act 1987 has also been amended to impose a heavier punishment on those who commit such an offence.
5. What happens if a person is arrested and detained by the police for drink driving?
You can read about the relevant procedures and one's rights during a police arrest and detention in our article published on our website entitled FAQ on Arrest, Remand and Bail in Malaysia.
Conclusion
With the reduced prescribed limits of alcohol allowed and mandatory imprisonment for drink driving under Section 45A of the Road Transport Act 1987, the police have also ramped up enforcement of the law by increasing the frequency of police patrols and road blocks.
Hence it is essential to be aware of your rights and the procedures relating to police arrest and the criminal procedure in Malaysia in general.
We have briefly answered several other frequently asked questions relating to drink driving in Malaysia in our article "FAQ on Drink Driving in Malaysia".
If you or your friends/family or loved ones are involved in any drink driving cases, please contact us for our services to represent you at the police station, advise you on your rights, to oppose remand, and/or mitigate for a lower sentence upon conviction.
First published by MahWengKwai & Associates
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.