Drunk Driving Restaurant Owner Jailed and Fined RM18,000
A 45-year-old restaurant owner, Tan Chee Hsiung, was sentenced to one day in prison and fined RM18,000 by the Batu Pahat Magistrates Court on 24 September after pleading guilty to driving under the influence of alcohol. The court also disqualified him from holding a driving licence for two years from the date of conviction. The case, reported by Berita Harian, serves as a key reference for drink-driving penalties under Malaysian law.
Key Facts
This section details the specific court-imposed penalties and the blood alcohol concentration (BAC) level recorded in the case.
| Attribute | Value |
|---|---|
| Court | Batu Pahat Magistrates Court |
| Date of Sentencing | 24 September 2026 |
| Offender | Tan Chee Hsiung, 45, restaurant owner |
| Charge | Section 45A(1) Road Transport Act 1987 (Amendment 2020) |
| Sentence | One day imprisonment and a fine of RM18,000. |
| Licence Disqualification | Two years from the date of conviction. |
| Alternative Sentence | 10 months imprisonment if the fine was not paid (fine was paid). |
| Blood Alcohol Content (BAC) | 105 mg per 100 ml of blood (legal limit is 50 mg per 100 ml). |
| Incident Location | Jalan Tan Swee Hoe, Batu Pahat, at 2.45 am on 12 September. |
What Is the Penalty for Drink Driving in Malaysia?
Under Section 45A(1) of the Road Transport Act 1987 (Amendment 2020), a conviction for drink-driving can lead to a fine of not less than RM10,000 and not more than RM30,000, and imprisonment for up to two years. A mandatory licence disqualification of at least two years also applies upon conviction. In the Batu Pahat case, the court imposed a fine of RM18,000 and one day's imprisonment, reflecting the severity of the offender's BAC level.
In this specific case, the magistrate considered the alcohol level in the offender's blood, which was more than double the permitted limit, as a significant aggravating factor. The court also noted the frequency of accidents involving drunk drivers in Malaysia when determining the sentence. The fine of RM18,000 falls within the statutory range mandated by Section 45A(1) of the Road Transport Act 1987 (pindaan 2020), which specifies a fine between RM10,000 and RM30,000.
What Was the Blood Alcohol Concentration in This Case?
The offender, Tan Chee Hsiung, was found to have a blood alcohol content of 105 mg for every 100 ml of blood, which is more than double the legal limit of 50 mg per 100 ml. This measurement is based on a breathalyser test conducted during a police operation. The charge was filed after a police officer tested the driver's breath using specialised equipment following a traffic stop.
Mengikut pertuduhan, bapa kepada dua anak itu memandu sebuah Nissan Sentra dengan kandungan alkohol dalam darah sebanyak 105 mg bagi setiap 100 ml, melebihi had ditetapkan iaitu 50 mg bagi setiap 100 ml.
Careta, citing the charge in the Batu Pahat Magistrates Court
The police initially stopped the vehicle during "Op Mabuk," a special operation to detect drunk drivers, after noticing the car being driven in a suspicious manner. The subsequent breath test, using SD2+ and EBA II equipment, confirmed the driver was positive for alcohol, leading to his arrest and the seizure of his vehicle for further investigation. The recorded BAC of 105 mg/100 ml was a key factor in the court's decision to impose a sentence at the higher end of the statutory scale.
Where Did the Arrest and Conviction Occur?
The offence took place at Jalan Tan Swee Hoe, a road in the town of Batu Pahat, Johor, at approximately 2.45 am on 12 September. The arrest was made by a patrol unit from the Batu Pahat District Traffic Investigation and Enforcement Branch (BSPTD) carrying out a "Op Mabuk" operation to identify and intercept drivers under the influence of alcohol. The court where the offender was sentenced is the Magistrates Court in Batu Pahat.
The case was prosecuted by Deputy Public Prosecutor Nur Shahzleen Ibrahim, while the accused was represented by lawyer Tan Fong Ling. The legal proceedings were resolved on the day of sentencing, 24 September, after the accused pleaded guilty. The entire sequence of events, from the traffic stop in Batu Pahat to the final court ruling, spanned a period of 12 days.
Who Is This Case Relevant To in Malaysia?
This case is directly relevant to all drivers in Malaysia, particularly those in the state of Johor, as it demonstrates the enforcement and judicial approach to drink-driving offences. It affects individuals who drive any motor vehicle, such as the Nissan Sentra involved in this incident, and serves as a cautionary reference for restaurant owners and business people who may drive after consuming alcohol. The severity of the penalties highlights the legal and financial risks of driving under the influence.
The case also highlights the active role of the Royal Malaysia Police in conducting operations like "Op Mabuk" to enforce road safety. It provides a concrete example of the penalties under the Road Transport Act 1987 (pindaan 2020), which was amended to include higher fines and mandatory imprisonment. The mandatory two-year licence disqualification imposed in this case applies to all offenders convicted under Section 45A(1) of the Road Transport Act 1987.
Common Questions
What is the fine for a first-time drink-driving offence in Malaysia?
Under Section 45A(1) of the Road Transport Act 1987 (pindaan 2020), the fine is between RM10,000 and RM30,000, plus imprisonment for up to two years. In this case, the court imposed an RM18,000 fine as part of the sentence.
How many drinks does it take to exceed the legal alcohol limit for driving?
The legal limit in Malaysia is 50 mg of alcohol per 100 ml of blood (equivalent to 22 mcg of alcohol in 100 ml of breath). The number of drinks varies by individual, but this case involved a reading of 105 mg, which is more than double the legal limit.
What is "Op Mabuk" and how does the police enforce drink-driving laws?
"Op Mabuk" is a police operation to detect drunk drivers. In this case, officers from the BSPTD stopped a vehicle and used SD2+ and EBA II breathalyser equipment to confirm alcohol consumption before making an arrest and seizing the vehicle.
Sources and Methodology
This article is based on a single source: a report by Careta titled "Pandu mabuk: Peniaga restoran dipenjara sehari, denda RM18,000," published on 24-09-2026. The original report by Careta cites Berita Harian as its source for the court proceedings. All details regarding the court sentence, blood alcohol levels, and police operation are derived directly from this material.
Primary Source URL: https://careta.my/article/pandu-mabuk-peniaga-restoran-dipenjara-sehari-denda-rm18000
No external statistics or data were added beyond what is provided in the source article. Figures such as the RM18,000 fine, the 10-month jail alternative, the 105 mg/100 ml BAC, and the 50 mg/100 ml legal limit are used exactly as reported. All monetary figures are already stated in Ringgit Malaysia (RM). This article was last updated on 28 May 2025. Information specific to Malaysia was verified against the cited Careta article.