Are You Familiar With Malaysia’s Drink And Drive Law?

The Malaysia law was tightened and this is the Road Traffic (Amendment) Act of 2020 (Source: Zul Rafique & Partners) effective from 23rd October 2020.

The alcohol prescribed alcohol limit was amended as below:-

  • 35mg alcohol in 100ml breath > 22mg in 100ml breath;
  • 80mg alcohol in 100ml blood > 50mg in 100ml blood;
  • 107mg alcohol in 100ml urine > 67mg in 100ml urine.

The new drink driving limit in Malaysia is now 50mg Blood Alcohol Concentration (BAC)/0.05 alcohol level on breathalyzer reading.

Road users who are driving under influence (DUI) and offended for the first time, he/she will face penalty and fine as follow:-

Scenarios/
Penalties
(1st
Conviction)
DUI caused Death

DUI caused injury

DUI – exceed
prescribed limit
DUI – being in charge

OffenseSection 44 (1)Section 44 (1A)Section 45 ASection 45
Finebetween RM 50,000 and RM 100,000at least RM30,000 to not more than RM50,000at least RM10,000 to not more than RM30,000at least RM1000 to not more than RM5000
Imprisonmentat least 10 years to not more than 15 yearsat least 7 years to not more than 10 yearsa maximum of 2 years
a maximum of 2 years
Disqualification
of Driving
License
at least 10 yearsat least 7 yearsat least 2 yearsat least 2 years

However, road users who are driving under influence (DUI) and offended for the second time, he/she will face penalty and fine as follow:-

Scenarios/
Penalties
(2nd Conviction)
DUI caused Death



DUI caused injury



DUI – exceed prescribed limit


DUI – being in charge



OffenseSection 44 (1)Section 44 (1A)Section 45 ASection 45
Fine

at least RM100,000 to not more than RM150,000
at least RM 50,000 and not more than RM100,000
at least RM20,000 and not more than RM50,000
at least RM 5,000 and not more than RM10,000
Imprisonment
at least 15 years to not more than 20 yearsat least 10 years to not more than 15 yearsnot more than 5 years
not more than 5 years
Disqualification
of Driving
License
20 years10 years5 yearsat least 5 years

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