What is the penalty for drink driving causing death or injury in Malaysia?

A road accident after drinking can change several lives in a moment. Families of victims want to know what the law says; drivers and their families want to know what they face. In 2020, Parliament substantially strengthened the drink-driving provisions of the Road Transport Act 1987. This guide explains the main offences and the process, without predicting any particular sentence.

Which offences apply?

The Road Transport Act 1987 contains several related offences. The main ones are:

• Section 41: causing death by reckless or dangerous driving.
• Section 44: causing death or injury by driving while under the influence of intoxicating liquor or drugs.
• Section 45: being in charge of a vehicle while unfit through drink or drugs.
• Section 45A: driving or attempting to drive with alcohol above the prescribed limit, even if no one is hurt.

Which charge is brought depends on the facts and the evidence, and is decided by the prosecution.

What is the legal alcohol limit?

After the Road Transport (Amendment) Act 2020 (Act A1618), section 45G sets the prescribed limit at:

Sample	Limit
Breath	22 micrograms of alcohol per 100 ml
Blood	50 milligrams of alcohol per 100 ml
Urine	67 milligrams of alcohol per 100 ml

These limits are lower than before 2020. There is no safe "number of drinks"; the effect varies with body size, food and time.

What penalties apply?

The 2020 amendments increased the penalties for these offences. Depending on the section and the facts, they include imprisonment, fines and disqualification from holding or obtaining a driving licence, with heavier penalties for repeat offenders. The exact range is set out in the Act and the sentence is for the court. Because penalties are serious, early legal advice matters.

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What happens after the accident?

1. Breath test: police may require a preliminary breath test at the scene.
2. Arrest and further tests: the driver may be arrested and asked to give breath, blood or urine samples for analysis. Refusing a lawful request without reasonable excuse is itself an offence.
3. Investigation: police gather evidence such as the accident scene, vehicle inspection, CCTV, dashcam footage and witness statements.
4. Charge: the case is usually brought in the Sessions Court or Magistrates' Court, depending on the offence.

What do courts consider at sentencing?

Courts look at all the circumstances, which commonly include:

• The harm caused, especially death or serious injury.
• The level of alcohol and the manner of driving.
• Whether the driver stopped, helped and reported the accident.
• Previous convictions, especially for traffic or alcohol offences.
• Remorse, a guilty plea and personal circumstances.

If you are the driver

• Do not leave the scene; help the injured and call emergency services.
• Do not discuss the case on social media or with witnesses.
• Contact a lawyer before giving a detailed statement (see police statements).
• Notify your motor insurer promptly.

If you are a victim or family member

• Lodge a police report and keep the report number.
• Keep medical records, receipts and photographs.
• A criminal case does not by itself compensate you. A civil claim, usually against the driver with the motor insurer involved, is separate.

Common mistakes: drivers thinking "a few drinks" is under the limit, leaving the scene, and posting about the accident; victims waiting for the criminal case to end before getting advice on a civil claim.

When to speak to a lawyer

Immediately after an arrest or accident, before any detailed statement. Victims' families should also take advice early on a civil claim. You can contact us; every case depends on its facts.

Frequently asked questions

Can I refuse a breath test?

Refusing a lawful request without reasonable excuse is a separate offence. Comply, and get advice afterwards.

Does it matter if the other driver was also at fault?

The conduct of others can be relevant to the facts and sometimes to sentencing, but it does not excuse driving above the limit.

Does the law also cover drugs?

Yes. Section 44 covers being under the influence of intoxicating liquor or drugs.

Will I lose my licence?

Disqualification is part of the penalty framework for these offences. Ask your lawyer how it applies to your charge.

Can a victim claim compensation from my insurer?

Motor insurance generally covers third-party injury and death claims, subject to policy terms and the law. Notify your insurer promptly.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Road Transport Act 1987 (Act 333), as amended by Act A1618 (2020), AGC Laws of Malaysia
2. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia

Fact-checked on 17 Oct 2026