Road Transport Act 1987 · Updated to 15 Oct 2023 · Part II · Classification, Registration and Licensing of Motor Vehicles and Drivers
Section 45A
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Driving a motor vehicle over the prescribed alcohol limit is an offence. It carries up to two years in prison and a fine of ten thousand ringgit to thirty thousand ringgit. Repeat offences carry up to five years and twenty thousand ringgit to fifty thousand ringgit. Offenders cannot hold a driving licence for at least two years.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Any person who, when driving or attempting to drive a motor vehicle or when in charge of a motor vehicle on a road or other public place, has so much alcohol in his body that the proportion of it in his breath, blood or urine exceeds the prescribed limit, shall be guilty of an offence and shall on conviction be punished with *imprisonment for a term not exceeding two years and a fine of not less than ten thousand ringgit and not more than thirty thousand ringgit and, in the case of a second or subsequent conviction, with imprisonment for a term not exceeding five years and a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit.
motor vehicle
“motor vehicle” means a vehicle of any description, propelled by means of mechanism contained within itself and constructed or adapted so as to be capable of being used on roads, and includes a trailer;
It is a defence for a person charged with an offence under subsection (1) to prove that at the material time the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
vehicle
“vehicle” means a structure capable of moving or being moved or used for the conveyance of any person or thing and which maintains contact with the ground when in motion;
**A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less
driving licence
“driving licence” means a licence to drive a motor vehicle granted or deemed to be granted under Part II and includes a learner’s driving licence and a probationary driving licence granted under section 29;
*NOTE―Previously “a fine of not less than one thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding two years.”–see subsection 8(a) of Road Transport (Amendment) Act 2020 [Act A1618].
road
“road” means— (a) any public road and any other road to which the public has access and includes bridges, tunnels, lay-bys, ferry facilities, interchanges, roundabouts, traffic islands, road dividers, all traffic lanes, acceleration lanes, deceleration lanes, side-tables, median strips, overpasses, underpasses, approaches, entrance and exit ramps, toll plazas, service areas, and other structures and fixtures to fully effect its use; (b) for the purposes of sections 70 and 85, also includes a road under construction; and (c) for the purpose of sections 41, 42, 43, 44, 45 and 45A, also includes a parking place;
**NOTE―Previously “On a second or subsequent conviction of an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of conviction from holding or obtaining a driving licence.”–see subsection 8(b) of Road Transport (Amendment) Act 2020 [Act A1618].
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than two years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of not less than five years from the date of the conviction.
Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
probationary driving licence
“probationary driving licence” means a licence for a probationary period of two years which is granted to any person who has passed the prescribed tests of competence;