PHASE 2 : Conversation between Aina and Policeman

Link youtube : https://youtu.be/uFyl-GIOVM0

Transcript:

Aina : In your opinion, how someone get drunk?

Police : The cause of a person becoming drunk, the first is, already accustomed to drinking alcohol.        .            Second, usually a drunk person is a person who smokes cigarettes. Third, someone who is too sociable and the last one is someone who has too many problems that cause the stress of life.

Aina : What was the punishment imposed on the drunk drivers?

Police :The legal limit for alcohol while driving in Malaysia as prescribed in Section 45G (1)            of the Road Transport Act 1987 (“the Act”) are as follows:

35 microgrammes of alcohol in 100 millilitres of breath;

80 microgrammes of alcohol in 100 millilitres of blood, or

107 milligrammes of alcohol in 100 millilitres of urine.

The standard practice adopted by the law enforcements in measuring the permitted         limits, globally, is based on Blood Alcohol Content (BAC) and a breathalyser to test.    Pursuant to the abovesaid section, Malaysia’s BAC limit is set at 0.08% and the        power for police to administer breath tests is provided in Section 45B (1) of the Act.     Individuals who refused a breath test without reasonable excuse shall be guilty of an         offence and offenders shall be fined between RM1,000 and RM6,000 and            imprisonment for up to 12 months. Repeat offenders face a fine between RM2,000       and RM10,000, a maximum prison sentence of 2 years, and disqualification of their        driver’s license for at least 12 months  (Section 45B (4) of the Road Transport Act       1987).

The following sections described the laws governing drunk driving in Malaysia and the penalties involved: 

·        Section 43(1) of the Act states that “A person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for another persons using the road shall be guilty of an offence…”. Offenders shall be fined up to RM10,000 and imprisonment for a maximum period of 12 months. 

·        Section 44 of the Act states that any person driving a motor vehicle where alcohol in his body exceeds the prescribed limit and causes death or injury to any person shall be guilty of an offence. Offenders are liable for imprisonment for a term between 3 years to 10 years and to a fine between RM8,000 to RM20,000. They will also have their driver’s license disqualified for a minimum of 5 years. License can be disqualified for a period of 10 years for subsequent convictions. Drunk drivers will normally be charged under this section. 

·        Sections 45(1) of the Act is applicable for any person who, while in charge of but not driving a vehicle on a road or other public place, has so much alcohol in his body that exceeds the prescribed limit. For example, a drunk man sitting in his car at a parking place. Offenders shall be fined up to RM1,000 and imprisoned for up to 3 months. A repeat offender faces a fine between RM2,000 to RM6,000 and imprisonment for up to 12 months; driver’s license will be disqualified for 12 months, or, for those holding probationary license, the court shall revoke his driving license.

·        Sections 45(A) of the Act is applicable for any person who, when driving, attempting to drive or in charge of a motor vehicle, has so much alcohol in his body that exceeds the prescribed limit. Offenders shall be fined between RM1,000 to RM6,000 and imprisoned for up to 12 months. A repeat offender faces a fine between RM2,000 to RM10,000 and imprisonment for up to 2 years; driver’s license will be disqualified for 12 months, or, for those holding probationary license, the court shall revoke his driving license.

Aina : According to recent cases what age group usually involve in drunk driving case?

Police : Drunk driving cases have many variation of age group. Anyone that consume alcohol and driving is called drunk driver. However, drunk driving usually involve age group of 20 and above. This age group usually consume alcohol during party, family gathering or to try the taste of alcohol. However age group between 35 and above has lower cases stated maybe because of family responsibilities and health problem. Although this age group has low cases this cases rarely occur .

Aina : How the police traffic or police do for testing alcohol in driver’s body?

Police : How alcohol breath testing works?

Drivers are initially tested for alcohol impairment at the roadside with a screening device. If this produces a positive test, evidential breath testing is performed at the police station. Motorists can be stopped and required to take a breath test by police at the scene of a road traffic accident, if a police officer suspects a motorist may be driving under the influence of alcohol, or if a motorist commits a moving traffic offence.

What is the prescribed limit of alcohol?

The prescribed limit of alcohol as provided under Section 45G of the Road Transport Act 1987 is:

1.     35 microgrammes of alcohol in 100 millilitres of breath;

2.     80 milligrammes of alcohol in 100 millilitres of blood; or

3.     107 milligrammes of alcohol in 100 millilitres of urine.

 

According to the Justice and Community Safety Directorate of the Government of the Australian Capital Territory (ACT), the blood alcohol content begins to rise as soon as a person starts drinking and it takes 30 to 60 minutes after a person stops drinking for the blood alcohol content to reach its highest concentration.

Aina : Can a police officer require a person to carry out two breath tests, or require a person to carry out a blood/urine test?

Police :  Yes, but only at a police station. The second breath test must be carried out at the police station, and the blood/urine test must be carried out at a police station or a hospital. However, the blood/urine test cannot be made at a police station unless the police officer has reasonable cause to believe that that person cannot provide his/her breath specimen for medical or other particular reasons. Other reasons include if the breath analyser is not available at the police station/not practicable to use a breath analyser at the material time.