LEGAL ASPECTS OF DRINK DRIVING UNDER THE ROAD TRANSPORT ACT 1987

The amount of alcohol enough to get you into trouble is covered under Section 45G of the Road Transport Act 1987: (1) 35 microgrammes of alcohol in 100 millilitres of breath; (2) 80mg of alcohol in 100ml of blood; or (3) 107mg of alcohol in 100ml of urine.

Section 45B of the Road Transport Act 1987 gives power to the police to administer breath tests. Breath tests are not the only way to test for blood alcohol content (BAC), but they are the most common way as breathalysers are portable. Any police officer in uniform can administer a breath test if they suspect: (1) The person has committed an offence

under Section 44, 45 or 45A (drink-driving, in charge of vehicle while drunk), or (2) The person has been involved ina traffic accident involving one or more vehicles.

ROAD TRANSPORT ACT 1987: Section 43 states a person who drives ‘without due care and and attention or without reasonable consideration for another person using the road’ is guilty of an offence. If found guilty, offenders can expect to pay a fine of up to RM10,000 and be imprisoned for a maximum period of 12 months.

Section 44 is the most direct way you can be liable for a drink-driving charge: 1. Any person who, when driving a motor vehicle on a road or other public place — (a) is under the influence of intoxicating liquor or drugs, to such an extent as to be incapable of having proper control of the vehicle, or

(b) has so much alcohol in his body that the proportion of it in his breath, blood or urine exceeds the prescribed limit, and causes the death of or injury to any person shall be guilty of an offence.

If convicted under Section 44, the offender has to pay a minimum fine of RM8,000 and maximum of RM20,000, and three years’ minimum jail time.

Sections 45 and 45A give police officers certain powers of discretion and are more specifically targeted at people who are in charge of a vehicle when they are intoxicated or have BAC levels above the prescribed limit.

If found guilty, the offender may be fined up to RM1,000 and imprisoned up to three months on the first conviction. Subsequent offences will earn the offender a fine between RM2,000 and RM6,000 as well as jail time of up to 12 months.

If for any reason the courts thinks it is needed, an offender’s driving licence can be suspended temporarily or revoked permanently.