Thailand Government Tightens Drunk Driving Rules With Stricter Alcohol Limits

The government has implemented a new law that will tighten the regulations for drunk driving in Thailand. In doing so, the law replaced two ministerial regulations from 1994 and 2017 that focused on using breathalyzers as the main method for testing drunk drivers. 

New Drunk Driving Law in Thailand

This new drunk driving law authorizes police officers to collect urine samples or escort the driver to a hospital for a blood test if the driver refuses a breathalyzer test after being pulled over.

In the case of a urine collection, officers are instructed to first obtain the driver’s consent before providing them with a secure area to urinate into a sealable container, all the while diligently preventing any possible tampering with the samples taken. These samples will then be sent to a nearby hospital for laboratory analysis.

In the case of a blood test, officers are required to take the driver to a nearby hospital where qualified personnel will conduct the test. If the driver refuses to be examined by a doctor without good reason, it will be assumed that they have a blood alcohol level exceeding the legal limit. Doctors may record the refusal and then notify the police, who will then proceed to investigate the case.

The new law also states that drivers will be charged with drunk driving if:

1. They have over 50 milligrams of alcohol per 100 milliliters of blood; or
2. They have over 20 milligrams of alcohol per 100 milliliters of blood (for those under 20 years old).

Previously, the only regulation regarding the alcohol limit was 50 milligrams or over of alcohol per 100 milliliters of blood. Now that additional regulations have been added, the government hopes to lower the number of accidents caused by young drivers, as well as arrest those who reject the breathalyzer test.

Penalties for Drunk Driving in Thailand

The penalties for being caught drunk driving vary depending on whether the driver is a first-time or repeated offender, as well as the vehicle on which they were caught using.

For car drivers, the penalties are as follows:

• First-time offenders: Fines of around 10,000 THB and possible imprisonment of up to 6 months.
• Repeated offenders: Fines of up to 20,000 THB and imprisonment of up to 2 years.
• In extreme cases: Imprisonment of up to 10 years, as well as deportation if they are foreign nationals.

For motorcyclists, the penalties are as follows: 

• First-time offenders: Fines ranging from 3,000 to 5,000 THB and the possibility of having their license revoked or seized.
• Second-time offenders: Fines ranging from 3,000 to 5,000 THB and the possibility of having their license revoked or seized and may be required to do community service.

Why Thailand is Updating Its Drunk Driving Laws

Thailand’s bustling streets filled with motor vehicles have always been viewed as unsafe internationally, and the nation has a high road death rate compared with most countries. However, there were far fewer accidents during the COVID-19 pandemic, as Thailand had restricted residents to quarantining themselves within their homes, and traveling was seen as putting oneself at risk of catching COVID-19.

Before the pandemic in 2019, drunk driving was the major cause of road accidents (37%) followed by speeding (28%), as shown in a survey that was conducted several years ago.

But now that the COVID-19 travel restrictions have been lifted and Thailand is experiencing an influx of tourists once again, the high number of traffic accidents has returned and will possibly grow to be higher than before.

Earlier this year from December 29th, 2023, to January 4th, 2024, the Probation Department reported a total of 7,864 drunk driving cases. 

A few months later in 2024, Ruangsak Suwaree, Director-General of the Probation Department, shared that from April 11 to April 16, during the Songkran festival, there were 5,786 traffic violations, of which 5,589 (96.6%) involved drunk driving. There were also a total of 242 traffic accidents, of which 58 (23.9%) involved drunk driving as well.

As shown in these statistics, the number of traffic accidents from drunk driving tends to spike during the high tourist season. By implementing these new drunk driving regulations, the government hopes to lower these numbers and increase road safety for both locals and tourists during, before, and after all festivities.

Category: Administrative Law