Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Drink-Driving in Thailand
Driving while intoxicated by alcohol above the limit set by ministerial regulation.
Land Traffic Act B.E. 2522 §43(2), Land Traffic Act B.E. 2522 §160 ter
Base offence (no injury caused): up to 1 year imprisonment and/or a fine of THB 5,000–20,000, plus licence suspension of at least 6 months or revocation. Where it causes bodily harm, 1–5 years and THB 20,000–100,000; serious injury, 2–6 years and THB 40,000–120,000; death, 3–10 years and THB 60,000–200,000 with licence revoked.
severe
Definition
Driving while intoxicated by alcohol above the limit set by ministerial regulation. Under Thai law, this offence is classified as a severe offence within the category of traffic.
Legal Basis
Land Traffic Act B.E. 2522 §43(2)
Primary legislative provision for drink-driving offences.
Land Traffic Act B.E. 2522 §160 ter
Primary legislative provision for drink-driving offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Driving a vehicle on a road
Blood-alcohol above the regulated limit (generally 50 mg%; 20 mg% for drivers under 20, temporary-licence holders, drivers not licensed for the vehicle class, or drivers with no, suspended or revoked licence)
Penalties
Maximum Penalty
Base offence (no injury caused): up to 1 year imprisonment and/or a fine of THB 5,000–20,000, plus licence suspension of at least 6 months or revocation. Where it causes bodily harm, 1–5 years and THB 20,000–100,000; serious injury, 2–6 years and THB 40,000–120,000; death, 3–10 years and THB 60,000–200,000 with licence revoked.
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Not the driver, or the vehicle was not on a road or a private way open to the public
Breath or blood test not conducted according to the prescribed procedure (note: refusing a test itself allows a presumption of guilt)
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
A conviction can void motor insurance for the accident and lead to licence revocation; serious cases involving injury or death can affect visa status. Officers may require a breath or blood test and detain a driver who refuses it; a Land Transport inspector who finds the offence must hand the driver to the inquiry officer within 6 hours.
When Legal Representation Matters
If you are accused of drink-driving or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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