The drink driving penalty in Malaysia for a first offence of driving over the alcohol limit is a fine of RM10,000 to RM30,000 and up to two years in jail, plus at least two years without a licence, as at 2026. Cause a death while under the influence and it's 10 to 15 years in prison. If you're going out to drink, decide before the first glass who's driving home, and if the answer is nobody, book someone who will.
None of this is legal advice. If you've been charged, talk to a lawyer.
Drink driving is a criminal offence under the Road Transport Act 1987. The Road Transport (Amendment) Act 2020, in force since 23 October 2020, made the penalties much heavier and lowered the alcohol limits. The police (PDRM) enforce it, including with roadside breath tests.
| Offence | First conviction | Second or later conviction |
|---|---|---|
| Driving, attempting to drive or being in charge of a car over the alcohol limit (section 45A) | Fine of RM10,000 to RM30,000 and up to 2 years' jail; disqualified for at least 2 years | Fine of RM20,000 to RM50,000 and up to 5 years' jail; disqualified for at least 5 years |
| Causing death while driving under the influence of alcohol or drugs (section 44) | 10 to 15 years' jail and a fine of RM50,000 to RM100,000; disqualified for at least 10 years | 15 to 20 years' jail and a fine of RM100,000 to RM150,000; disqualified for 20 years |
Courts set the actual sentence within those ranges. For the over-the-limit offence the law provides for a fine and jail together, not one or the other. A P licence holder convicted under section 45A has the licence revoked by the court, which has no choice about it. A court can also order an offender onto an alcohol education programme.
In 2026 the Ministry of Transport said it was drafting further amendments so that drivers who kill could also be made to pay compensation to victims' families. As at 2026 that's a proposal, not law.
What's the legal alcohol limit?
Since the 2020 amendment:
| Test | Limit |
|---|---|
| Breath | 22 microgrammes of alcohol in 100 ml of breath |
| Blood | 50 mg of alcohol in 100 ml of blood |
| Urine | 67 mg of alcohol in 100 ml of urine |
The old limits were 35, 80 and 107.
How many drinks is that?
Nobody can tell you reliably. How fast alcohol reaches your blood depends on your weight, what you ate, how quickly you drank and how strong the drinks were, so two people having the same evening can land on opposite sides of the line. Alcohol also leaves the body slowly, which means you can still be over the limit the next morning after a late night. If you're driving, don't drink at all.
Can I just sit in the car until I sober up?
Not with the engine running. The law covers attempting to drive and being in charge of a car while over the limit, not only driving it. Sleeping it off in the driver's seat with the engine on doesn't get you round the rule.
Can I refuse a breath test?
Refusing when a police officer asks you to take one is an offence in itself, and the 2020 amendments made that punishment heavier too. Refusing doesn't get you out of a penalty.
How do I get home after drinking in KL?
Sort it out before the evening starts, not at midnight in the car park.
Book a chauffeur by the hour. A Grandpride chauffeur can be booked for 3 to 23 hours to drop you at dinner, wait, and take you home. In a Toyota Vellfire the base rate is RM 150 an hour. Hours starting between 7 pm and 11 pm are charged at +30%, and hours starting between 11 pm and 7 am at +50%. Online bookings need at least two days' notice, so don't leave it to the afternoon of the party. Our guide to chauffeur prices by the hour in Kuala Lumpur shows how those bands add up for a late finish.
If you're the host, Grandpride calls this Drink Don't Drive™: our chauffeurs take your guests home when the party's over, so nobody has to work out who's fit to drive. For a company dinner or an awards night, see chauffeurs for events and galas, and the chauffeur service page for the cars.
If you want your own car home as well, a driver for your car drives it for you: RM 385 per 8-hour day, with overtime at RM 40 an hour, RM 50 an hour after midnight. Hiring a personal driver for your own car explains how that works.
For a short trip, a taxi or e-hailing ride does the job. Leave the car parked legally and fetch it the next day, once you're sure you're clear.
What about a rental car?
On a Grandpride self-drive rental only the named renter may drive, so a sober friend can't take the wheel for you at the end of the night. If you plan to drink, leave the rental at the hotel and book a chauffeur, or skip self-drive for that evening altogether; self-drive vs chauffeur weighs the two.
Driving under the influence can also leave you without cover for damage to the car CHECK: confirm that damage while driving under the influence of alcohol is excluded from Basic Cover, LDW and Protection+. If something does happen on the road, what to do after a car accident in Malaysia covers the police report and what comes next.
Berapa denda memandu dalam keadaan mabuk?
Bagi kesalahan pertama memandu melebihi had alkohol, denda RM10,000 hingga RM30,000 dan penjara sehingga dua tahun, serta hilang kelayakan memegang lesen sekurang-kurangnya dua tahun (setakat 2026).
