Advertisement

What will it take for Malaysians to heed drink-driving laws? More severe punishments?

As of February 13, the KL Traffic and Investigation Department head ACP Zulkefly Yahya said a total of 158 individuals were arrested for driving under the influence (DUI) of alcohol in the capital city throughout January. — Bernama pic
As of February 13, the KL Traffic and Investigation Department head ACP Zulkefly Yahya said a total of 158 individuals were arrested for driving under the influence (DUI) of alcohol in the capital city throughout January. — Bernama pic

KUALA LUMPUR, Feb 22 ― What will it take for Malaysians to drink and drive responsibly given that the country already has one of the harshest punishments already in place for those charged with a drink-driving offence.

Under Section 44 of the Road Transport Act 1987, a motorist if convicted of charges relating to drink-driving has to pay a fine of not less than RM8,000 up to a maximum of RM20,000 and jail time of a minimum of three years.

Drink-driving is also chargeable under other sections of the Act, where punishments entail fine and imprisonment.

Perhaps these punishments have not been publicised enough, because as of February 13, the Kuala Lumpur Traffic and Investigation Department head ACP Zulkefly Yahya said a total of 158 individuals were arrested for driving under the influence (DUI) of alcohol in the capital city throughout January.

Out of these 158 individuals, 118 have been charged while 40 are still under investigation.

Drink-driving has also been committed by offenders in several other states including Penang and Seremban, leading to accidents.

To recap, here is a list of accidents caused by drink-driving which led to deaths.

Penang

Bukit Mertajam

On February 9, a Perodua Alza rear-ended a motorcycle, killing the rider and seriously injuring the pillion rider, at Km140.2 of the North-South Expressway (NSE), northbound, at the exit to Perai.

File picture shows policemen checking a vehicle during a roadblock in Kuala Lumpur. ― AFP pic
File picture shows policemen checking a vehicle during a roadblock in Kuala Lumpur. ― AFP pic

Factory worker Khairizul Mohamad Noor, 39, died on the spot; while his wife, Zuriana Hasan, 36, was reported to be in critical condition when rushed to the Seberang Jaya Hospital (HSJ).

The 34-year-old driver of the car was not injured, a breath test showed he was drunk while behind the wheel.

Butterworth

On February 11, it was reported that a car driven by a woman believed to be under the influence of alcohol rear-ended a motorcycle, killing its two passengers, at Km13 of the Butterworth Outer Ring Road (BORR), heading towards Sungai Dua.

Muhamad Syaiful Hilmi Rosidi, 21, and his pillion rider, Muhammad Amin Najmi Azaman, 19, died on the spot in the 2.30am accident.

George Town

On January 6, a man was arrested after a three-minute video showing a car allegedly driven by him dragging a motorcycle went viral.

According to the police, the incident which took place at about 1am saw the 53-year-old driver crashing into a parked motorcycle and dragging the vehicle for about one kilometre.

The driver was later brought to the Penang Hospital where he was tested positive for alcohol.

The case is being investigated under Section 45A(1) of the Road Transport Act for driving under the influence of alcohol or drugs.

Seremban

Nilai

On February 16, it was reported that a suspected drunk driver rammed his vehicle into another car and three motorcycles, killing one person and injuring four others at Km17.5 of the Lekas Highway.

Abdul Salam Saad, 34, died at the scene from severe head injuries.

A preliminary investigation revealed that the driver was driving against traffic to enter the Pajam Toll exit.

The 30-year-old driver is believed to have sustained head and body injuries.

Selangor

Klang

On January 26, a pick-up truck was seen on video swerving down the road, knocking into cars before coming to a stop when it hit a lamppost at the end of the street.

According to the police, 12 vehicles were damaged; the driver was intoxicated.

Kedah

Alor Setar

A woman and her 12-month-old baby girl were seriously injured in a crash when another car  rammed into theirs.

In the 11.30pm incident, victim Bashirah Mohd Yazid, 31, and her daughter, Norhidayah Ahmad Yusof, sustained severe injuries, while her husband Ahmad Yusof Che Kar, 42, and son, Mohamad Taufiq, 10, suffered minor injuries.

According to the police, blood alcohol tests confirmed that the car driver was driving while intoxicated and that the case was being investigated under Section 43 (1) of the Road Transport Act.

Finance Minister Lim Guan Eng said the government is looking at increasing the fine up to RM100,000 and jail sentence increased to 20 years from 10 years. — Picture by Sayuti Zainudin
Finance Minister Lim Guan Eng said the government is looking at increasing the fine up to RM100,000 and jail sentence increased to 20 years from 10 years. — Picture by Sayuti Zainudin

Even stricter laws for drink-driving?

The Transport Ministry has expressed concerns over the severity of these accidents and is currently looking to amend existing laws to impose a higher fine and longer jail time on those convicted of drink-driving offences.

It was also reported that Finance Minister Lim Guan Eng, who is also Bagan MP, said the government is looking at increasing the fine up to RM100,000 and jail sentence increased to 20 years from 10 years.

As reported in the news, a total of 919 individuals were nabbed for drink-driving last year. This is an increase from 862 in 2018.

The limit of alcohol in an individual's system or blood alcohol concentration (BAC) is below 0.08 per cent (80 milligrammes of alcohol in 100 millilitres of blood).

Australia’s limit is set at 0.05 per cent while Thailand had in 2017 lowered their limit to 0.02 per cent from 0.05 per cent.

The 0.02 per cent limit is in line with that set by European Union nations, which have a limit between 0.02 per cent to 0.05 per cent.

Harshest drink-driving laws

It is known that Malaysia has one of the harshest DUI punishments alongside countries like Taiwan, Vietnam, Australia among others.

In Australia, the penalties for repeat drink-driving offences can include impounding of vehicle, temporary licence disqualified, fine, car fitted with an alcohol interlock device, or jail sentence from six months and above.

The laws, however, vary from state to state where some require convicted offenders to complete a mandatory alcohol awareness course.

Vietnam has recently joined countries that practise zero-tolerance laws on drunk motorists. With the slightest alcohol traced in an individual's system, they can be fined (double the previous maximum to eight million dong) and possible suspension of a driver's licence for two years (previously five months).

The fine that is said to be the equivalent of twice a month's earnings for many Vietnamese, took effect in January this year.

Other countries that practise the zero-tolerance policy are Czech Republic, Hungary, Jordan, Kyrgyzstan and Russia, among others.

Over in Taiwan, the government plans to ramp up punishments for those who cause a fatal accident while drink-driving, including the death penalty for the most egregious cases.

Currently, the maximum sentence in Taiwan for causing a death while drunk behind the wheel is 10 years’ jail.

For repeated offenders who commit a new offence within five years of their first conviction, it is proposed that they face up to a life sentence for causing death and 12 years for grave injuries.

Related Articles 919 nabbed for drink-driving last year Bukit Aman holds nationwide ‘Ops Mabuk’ daily to arrest drink-driving Guan Eng: RM100,000 fine, 20-year jail term for drunk drivers