Malaysia legislation
Section 44
Section 44
(a)
is under the influence of intoxicating liquor or drug, to such an extent as to be incapable of having proper control of the motor 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 any person shall be guilty of an offence and shall, on conviction, be punished with *imprisonment for a term of not less than ten years and not more than fifteen years and a fine of
*NOTE―Previously “imprisonment for a term of not less than three years and not more than ten years and to a fine of not less than eight thousand ringgit and not more than twenty thousand ringgit.”–see subsection 6(a)of Road Transport (Amendment) Act 2020 [Act A1618].
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not less than fifty thousand ringgit and not more than one hundred thousand ringgit and, in the case of a second or subsequent conviction, with imprisonment for a term of not less than fifteen years and not more than twenty years and a fine of not less than one hundred thousand ringgit and not more than one hundred and fifty thousand ringgit.
(1A)
Any person who, when driving a motor vehicle on a road or other public place—
(a)
is under the influence of intoxicating liquor or drug, to such an extent as to be incapable of having proper control of the motor 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 injury to any person shall be guilty of an offence and shall, on conviction, be punished with imprisonment for a term of not less than seven years and not more than ten years and a fine of not less than thirty thousand ringgit and not more than fifty thousand ringgit and, in the case of a second or subsequent conviction, with imprisonment for a term of not less than ten years and not more than fifteen years and a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit.
(2)
The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3)
A person convicted under subsection (1) shall be disqualified from holding or obtaining a driving licence for a period of not less than *ten years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of
**twenty years from the date of the conviction.
*NOTE―Previously “five years”–see subsection 6(c) of Road Transport (Amendment) Act 2020
**NOTE―Previously “ten years”–see subsection 6(c) of Road Transport (Amendment) Act 2020
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(3A)
A person convicted under subsection (1A) shall be disqualified from holding or obtaining a driving licence for a period of not less than seven years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction.
(4)
Notwithstanding subsections (1) and (1A), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall revoke his driving licence.
(5)
Notwithstanding anything in any written law for the time being in force, the court before which a person is charged with an offence under this section shall order the immediate confiscation of the driving licence of that person and shall order the suspension of the licence commencing from the date the charge is first read to that person and such suspension shall have effect—
(a)
until the court makes a final decision on the charge; and
(b)
as if the suspension is the suspension referred to in section 32.
(5A)
If the driving licence of the person referred to in subsection (5) is incorporated in a multipurpose electronic card or device, the order of the court under that subsection shall be deemed to have been complied with if the particulars of the order are included in the database maintained by or on behalf of the Director General of driving licences granted under this Act and holders of such driving licences.
(5B)
Notwithstanding subsection (5A), the Director may direct the person referred to in subsection (5) to surrender, within such period as the Director may specify, the multipurpose electronic card or device in which the driving licence is incorporated to him, or to a road transport officer authorized in writing in that behalf by the
Director General, for the inclusion in the data stored in the card or device the particulars of the order of the court made under subsection (5) and the Director or such authorized officer shall, after such inclusion, immediately return the card or device to the person.
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Being in charge of motor vehicles when under the influence of intoxicating liquor or drugs