Road & Traffic Offences
Drunk Driving (DUI) Defence
A DUI charge under Section 45A or 45B of the Road Transport Act 1987 can mean fines, licence disqualification, and even imprisonment — often based on a single breath or blood reading. The evidence may look conclusive, but it is rarely as airtight as the prosecution suggests.
How I approach it
We scrutinise the legality of the roadblock, the breathalyser calibration records, the chain of custody for any blood sample, and the conduct of the arresting officer. Where procedure has not been followed strictly, key evidence can be excluded — sometimes collapsing the entire case.
Speak to RohanCharges I represent
- Driving over the prescribed alcohol limit (s.45A RTA)
- Driving under the influence causing death or hurt (s.44 RTA)
- Refusing to provide a breath or blood specimen
- Driving while disqualified following a prior conviction
What is at stake
Fine
Statutory fines ranging from RM1,000 to RM150,000 depending on the section and prior convictions.
Imprisonment
Custodial sentences of up to 20 years for accidents involving death.
Disqualification
Mandatory licence disqualification of 12 months or more, with a community service order in many cases.
Defences I build
Procedural irregularity
Improperly conducted roadblocks, defective breathalyser units, or unrecorded calibration logs can render the prosecution's reading inadmissible.
Continuity of evidence
Any break in the chain of custody for a blood sample — from collection to laboratory — can defeat the reliance on that result.
Necessity & medical conditions
Conditions such as diabetes, GERD or recent dental treatment can produce false positives in breath analysis.
Common questions about Drunk Driving (DUI) Defence
Disqualification is imposed by the court at sentencing, not at the roadside. The police may suspend your licence administratively, and we move quickly to protect it pending trial.
Not before the breath reading, calibration records and arrest procedure are examined. Many DUI files contain technical defects that materially change the outcome.
Not always, but the courts have grown stricter. Skilled mitigation, combined with character and rehabilitation evidence, often makes the difference between fine and custody.
Confidential consultation
Facing a Drunk Driving (DUI) charge?
Time is the most valuable thing you have right now. Speak to me early, in confidence, and let us plan the response together.
Discuss your case