In Malaysia, driving with more than 50 milligrammes of alcohol in 100 millilitres of blood (0.05%) is an offence. The breath limit is 22 microgrammes per 100 millilitres, and the urine limit is 67 milligrammes per 100 millilitres. A first conviction for being over the limit can bring up to 2 years in prison, a fine of RM10,000 to RM30,000 and a driving ban of at least 2 years. If the drinking driver causes a death, the Road Transport Act 1987 sets prison of 10 to 15 years on a first conviction. This page sets it out section by section, as at October 2026.
If you are reading because someone you love has been arrested, or because they keep driving after drinking, two things are worth knowing. The penalties below are what the Act sets, and the court decides each case. And the law deals with the driving. It does not deal with the drinking, which is covered further down.
The legal alcohol limits (section 45G)
Section 45G sets three limits, one for each kind of test.
| Test | Legal limit |
|---|---|
| Breath | 22 microgrammes of alcohol per 100 ml of breath |
| Blood | 50 milligrammes per 100 ml of blood (0.05%) |
| Urine | 67 milligrammes per 100 ml of urine |
These figures came in with the Road Transport (Amendment) Act 2020, which took effect on 23 October 2020. Before that the limits were 35, 80 and 107. Some websites still print the old numbers, so check the date on anything you read.
The limit has not changed in 2026. Police said on 1 July 2026 that the blood limit stays at 0.05%.
There is no number of drinks that is safe to drive on. People differ in body size, sex, food eaten, how fast they drank, tiredness and medication, and alcohol can still be in the body the next morning. Two people can drink the same amount and one is over the limit while the other is not. The only safe amount before driving is none.
What the penalties are
The 2020 amendment made the penalties much heavier and added a new offence for causing injury. Here are the penalties as the amended Act sets them.
| Offence | First conviction | Second or later conviction |
|---|---|---|
| Causing death while unfit to drive through drink or drugs, or over the limit (section 44) | Prison 10 to 15 years and a fine of RM50,000 to RM100,000. Driving ban of at least 10 years | Prison 15 to 20 years and a fine of RM100,000 to RM150,000. Driving ban of 20 years |
| Causing injury in the same circumstances (section 44(1A), new in 2020) | Prison 7 to 10 years and a fine of RM30,000 to RM50,000 | Prison 10 to 15 years and a fine of RM50,000 to RM100,000 |
| Being unfit to drive through drink or drugs, no death (section 45) | Fine of RM1,000 to RM5,000, and also liable to prison up to 2 years. Driving ban of at least 2 years | Fine of RM5,000 to RM10,000, and also liable to prison up to 5 years. Driving ban of at least 5 years |
| Over the prescribed limit, no death (section 45A) | Prison up to 2 years and a fine of RM10,000 to RM30,000. Driving ban of at least 2 years | Prison up to 5 years and a fine of RM20,000 to RM50,000. Driving ban of at least 5 years |
| Refusing a breath, blood or urine test (sections 45B and 45C) | Same as section 45A: prison up to 2 years and a fine of RM10,000 to RM30,000. Driving ban of at least 2 years | Same as section 45A: prison up to 5 years and a fine of RM20,000 to RM50,000. Driving ban of at least 5 years |
A few points that matter in practice:
- Section 44 is the most serious. It applies when a death results. The ban is counted from the date of conviction.
- Section 45A is about the number. It covers a driver whose test result is over the limit. Section 45 is about the driver being unfit to drive because of drink or drugs.
- Refusing a test does not avoid the penalty. The penalty for refusing is the same as for being over the limit. The Act makes an exception where a breath specimen cannot be given for medical reasons.
- A second conviction is much heavier, with longer prison terms, higher fines and a longer ban.
- Section 45A sets prison and a fine together. The Act gives a maximum jail term for section 45A but no minimum, so the sentence in a real case is for the court to decide.
We have not stated the length of the driving ban for injury cases under section 44(1A), because we could not confirm it from the Act itself. A lawyer can tell you.
How many people are caught
Police have been testing more drivers. Figures from the Bukit Aman traffic department show:
- Roadblocks and arrests, January to June 2026: 1,634 operations and 949 drink driving arrests. In the same months of 2025 there were 692 operations and 930 arrests. Kuala Lumpur had the most arrests (268), then Johor (223) and Selangor (182).
- In court, January to June 2026: 1,040 cases acted on, 589 taken to court and 414 convictions, up from 334 convictions a year earlier.
- Age: most of those arrested were over 30. About 38% were aged 41 or older and about 37% were aged 31 to 40.
- Deaths: from January 2023 to June 2026, drivers under the influence were involved in 120 fatal crashes. 94 involved drugs and 26 involved alcohol. Police counted 27 fatal crashes involving a drunk or drug-influenced driver in 2024 and 31 in 2025.
What changed in 2026
Three things were in the news this year. None of them changes the penalties in the table.
- The limit stayed at 0.05%. Police said on 1 July 2026 that they are studying tougher measures, including licence revocation and a stronger demerit point system. These are proposals, not law.
- Compensation for victims' families. The Transport Minister announced in March 2026 a plan to let courts order offenders to pay compensation. Cabinet agreed in principle on 15 July 2026. The ministry still has to draft the law and consult insurers and agencies, and says it aims to table it in Parliament by the end of 2026 if drafting finishes on time. It is not law yet, and it would only apply to offences after it becomes law.
- The Road Transport (Amendment) Bill 2026 passed the Dewan Rakyat in June. It covers illegal racing, driving while suspended and other traffic matters. It does not change drink driving penalties.
What this means for a family
The law sets prison, fines and a driving ban. It does not set out treatment. A defence lawyer can tell your family what the court may consider in mitigation (the reasons a court may weigh when deciding a sentence).
If the person has been convicted before, the second-conviction column may apply, which is one more reason to speak to a lawyer early.
Drinking and driving again: what it can mean
Many people have one bad night and never do it again. For others, a drink driving charge is part of a pattern.
Driving after drinking, again and again, or after an earlier arrest, is often a sign of alcohol dependence. The person may know exactly what the risk is and do it anyway. That is how dependence tends to work. Drinking has moved from a choice to something the person feels they need.
Signs to look for in someone who drinks and drives:
- They drink most days, or cannot stop at one or two.
- They need more than before for the same effect.
- Shaky hands, sweating or anxiety in the morning that eases after a drink.
- Promises to cut down that do not hold.
- They hide how much they drink, or drink alone.
- Work, family or money problems, and the drinking continues anyway.
- They have been warned, fined or arrested, and it has not changed anything.
Our guide to the signs of alcohol dependence goes through these in more detail.
A fine and a ban do not treat the drinking. A ban takes away the car, but not the need to drink. Fear of the next penalty rarely holds against dependence, which is why some people are caught more than once.
What helps:
- A proper assessment by a clinician, to find out how dependent the person is.
- Withdrawal managed with medical care. Alcohol withdrawal can be dangerous, so a heavy drinker should not stop suddenly on their own. See what alcohol withdrawal involves.
- Therapy that deals with why the person drinks, not only how much.
- Time away from the places and routines tied to drinking. This is why we use 90 days.
- A family that stays involved. Our guide on talking to someone about getting help covers the first conversation.
What does not help: waiting for a worse outcome, shame, or repeated attempts to quit alone.
Dependence is a health condition and it responds to treatment. The earlier it is treated, the better the chance of not driving after drinking again, and of avoiding a crash. Treatment is health care. It does not change what the law says about any offence.
How Salus can help
Salus offers a private, confidential, voluntary 90-day residential programme for adults aged 18 and over in Cyberjaya, Selangor. Withdrawal is managed alongside medical care, and the person comes by their own choice. Our alcohol rehab programme page explains how the 90 days work.
You are welcome to call or message Salus for a confidential conversation. The person does not need to be part of the first call.
This article is general information, not legal advice. If someone has been charged or detained, speak to a lawyer.
