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News Headline:A woman was caught driving under the influence! It turned out she was a member of the Nationalist army who claimed she had been drinking and only drove the day before.
Media Source:ETtoday News
reporter:Yang Xinyi
According to news reports, a woman was stopped by police for a traffic violation and subsequently tested positive for suspected drunk driving. She was also identified as a member of the armed forces. The driver claimed she had been drinking the day before driving. For the general public, the most important legal concept in such cases is that sleeping through a night does not necessarily mean you are not driving under the influence; the key lies in the blood alcohol concentration at the time of driving and whether it reached a level that would render you unable to drive safely.
News Summary
According to news reports, the driver was stopped by police for a traffic violation. A breathalyzer test revealed he was suspected of exceeding the legal limit, and he was also found to be a member of the Malaysian Armed Forces. The driver stated that he did not drive immediately after drinking, but rather the following day.
In drunk driving cases, "the alcohol from the previous night" is a very common defense. However, the legal judgment is not based on whether the driver feels sober, but on the objective blood alcohol level and whether there are circumstances at the scene sufficient to determine that the driver is not safe to drive. If the alcohol has not been completely metabolized, even if a night has passed since the last drink, it may still constitute drunk driving.
Lawyer Li Yusheng explains
Attorney Li Yusheng of Fidelity Law Firm stated that drunk driving liability is generally divided into administrative and criminal liability. Administrative liability may include fines, license suspension or revocation, and vehicle impoundment; criminal liability is commonly found under Article 185-3 of the Criminal Code, which addresses unsafe driving. If the breath alcohol concentration is 0.25 milligrams per liter or the blood alcohol concentration is 0.05 percent or higher, it may involve criminal liability for endangering public safety.
The saying "drinking the day after driving" does not automatically rule out drunk driving. Everyone's alcohol metabolism rate is different, and factors such as the type and amount of alcohol consumed, weight, sleep duration, whether one is fasting, and liver function can all affect the breathalyzer test results the following day. In practice, if a breathalyzer reading is already above the legal limit, simply claiming "I thought I had already sobered up" is usually insufficient to absolve one of liability.
Attorney Li Yusheng also cautioned that if the person involved is an active-duty military member, in addition to ordinary criminal law and traffic administrative penalties, they may also face administrative sanctions within the military, and the relevant provisions of the Army, Navy, and Air Force criminal laws may apply depending on the specific case. Military status itself does not absolve one of responsibility for drunk driving; on the contrary, it may lead to further consequences due to disciplinary requirements.
Legal Disputes and Practical Reminders
I. Drinking alcohol that has been left overnight may still constitute drunk driving.
If a driver's blood alcohol level exceeds the legal limit at the time of the test, or if there is other evidence to prove that the driver is not fit to drive safely, the driver may still be held liable for drunk driving, even if the driver drives the day after drinking.
II. Administrative penalties differ from criminal liability.
Not every breathalyzer test will lead to criminal proceedings, but it may still result in administrative penalties under traffic management regulations, such as fines, license suspension, and vehicle relocation. If it meets the standards for criminal prosecution, it may involve crimes of endangering public safety.
Third, drunk driving by military personnel may have additional consequences.
If the driver is an active-duty military member, in addition to legal proceedings, they may also be dealt with by their unit according to military disciplinary regulations. Actual liability will depend on their status, the time of the incident, their blood alcohol level, and whether an accident occurred.
IV. Procedural and evidentiary considerations in drunk driving cases.
If you have any questions about the breathalyzer procedure, instrument calibration, testing time, sampling process, or on-site records, you should save the ticket, breathalyzer slip, dashcam information, dashcam footage, and related notices as soon as possible.
FAQ
If you drink alcohol and drive the next day, will it still constitute drunk driving?
Possibly. The key to determining drunk driving is the blood alcohol concentration at the time of driving and whether the driver was capable of safe driving, not just the time of consumption. If the blood alcohol level is still above the legal limit the following day, there may still be administrative or criminal liability.
What blood alcohol level would trigger a criminal charge of endangering public safety?
According to Article 185-3 of the Criminal Code, if the alcohol concentration in one's breath is 0.25 milligrams per liter, or the blood alcohol concentration is 0.05 percent or higher, it may constitute the crime of unsafe driving.
Are drunk driving offenses more serious for military personnel than for ordinary people?
Military personnel who drive under the influence of alcohol may still face general criminal and administrative liabilities; in addition, due to the disciplinary requirements for military personnel, it may also lead to disciplinary action within the military or criminal issues related to the Army, Navy and Air Force, which need to be judged on a case-by-case basis.
What can I do if I think there's a problem with the breathalyzer procedure?
It is recommended to first preserve the breathalyzer test results, the notice of indictment, the on-site video recording, the dashcam footage, and other relevant documents, and then have a lawyer assess whether there are any procedural flaws, whether to file a complaint, administrative remedy, or criminal defense.
References and regulations
This article references news footage and also consults...Criminal Code Article 185-3,Article 35 of the Road Traffic Management and Penalty RegulationsandArticle 54 of the Criminal Law of the Army, Navy and Air Force.
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