Asklegal
Home banner 7cfc0c36 cb2e 4297 ad5d 1ed954e479cd

Criminal

You drank, you are driving, the police stops you; what do you do?

Not published yet ago Elanor O.

0

Shares


We have all done it before. Going out with your friends and partying a little too hard, drinking a little too much. You decide to go back and hit the sack. You get behind the wheels and drive but you see a policeman directing you to pull up by the side of the road. What do you do? Do you start panicking?

 

Image result for basic rights gif

Gif by Modicum

 

First of all, if you find yourself in this situation, calm down. You probably overestimate the amount you drank.

How much is too much?

Based on Malaysia’s law, you would only be charged for drunk driving if your blood alcohol content (BAC) contains more than 80 milligrams per decilitre of blood, or 0.08%.  To put that in perspective, that would be one standard drink per hour. According the National Institute on Alcohol and Abuse, one standard drink would mean one 354 millilitres-mug of beer, one 147 millilitres-glass of wine, and one 44 millilitres-shot of hard liquor. The only way you could actually reach 0.08% of alcohol in your blood is to chug down 3 of either of the drinks mentioned in a very fast pace within an hour.

 

Image result for chug beer gif

Chug chug chug chug! Gif by Gfycat

 

When you get stopped by a policeman and he suspects you of drunk driving, remember that under Section 45c of Road Transport Act 1987, the policeman must require you to provide a specimen of your breathe or urine to test the limits of alcohol content. It is stated under Section 45g of Road Transport  Act 1987:- 

―”prescribed limit” means—

(a) 35 microgrammes of alcohol in 100 millilitres of breath;

(b) 80 milligrammes of alcohol in 100 millilitres of blood; or

(c) 107 milligrammes of alcohol in 100 millilitres of urine

 

Image result for chug alcohol gif

Gif from Tenor

 

What happens if the policemen do not act accordingly?

If the policeman does not want to accept your request of providing any specimen and insists on bringing you to the police station, you could refuse to follow. According to 2.3 and 2.4 of the Red Handbook document, if the policeman does not specifically announce that you are arrested when asked, you could actually leave. If you do not want to make a scene on the spot, you could ask them to issue a summon and then lodge a report against the officer the next day. Do not worry about whether the policemen in the police station would accept your complaint. It is stated under the Criminal Procedure Code:-

Section 107(4) Criminal Procedure Code – Information of Offences

‘A police officer shall be duty bound to receive any information in relation to any offence committed anywhere in Malaysia.’

 

What happens if your BAC is over the legal limit?

You would then be disqualified of driving and if you are under probationary license, it would be revoked. You would also be fined and/or imprisoned as stated under  s.45a (1), s.45a (3) and s.45a(4) of Road Transport Act 1987. This is a very serious offence guys but I am pretty sure you know that duhhh. 

 

Kids, stay in school. Image by Spirit Newspaper

 

Remember to practice your basic rights

 

Do not feel like you have to comply with the orders of a policeman even though you have not done anything wrong. Make sure you remember your facts and to practice your own fundamental rights:

Article 5(3) of Federal Constitution:

(3) Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice

 

Always be careful

But of course, despite the loopholes of still being able to drive after drinking, safety must always be the top of your priority. Drunk driving endangers the life of not only yourself, but the public. Just because you have not had drinks that could exceed 0.08% of your BAC, that does not mean you are still fit to drive due to your alcohol tolerance level (this is why you see some people rolling on the floor even after one shot of vodka). You can have fun, but remember that you are a responsible adult! (sort of)

 

Image result for be careful gif

Listen to the Joker. Gif from WeHeartIt

This article is for informational purposes only and should not be taken as legal advice. Every situation is unique and dependent on the facts (ie, the circumstances surrounding your individual case) so we recommend that you consult a lawyer before considering any further action. All articles have been scrutinized by a practicing lawyer to ensure accuracy.
Tags:
drunk driving
alcohol limit
C9444009 abdc 4a1b 9fa7 32cd44bc3675

0

Shares