Punishment for Drunk Driving: A Study under the Malaysian Law

Abstract

Drunk driving is one of the major concerns that trigger various reactions and views in the community. Like seasonal incidents, the issue has become a matter of contention that needs to be extremely addressed as the number of road accidents involving drunk driving are seen as a serious following the increasing trend of cases. The issue should not be underestimated as it has evoked to bring anger and dissatisfaction in the heart of the public. The amended law, the Road Transport (Amendment) Act 2020, is perceived as adequate to govern the law on individuals driving while intoxicated or inebriated under the influence of alcohol or any intoxicating substance and enforce reasonable and heavier punishment to ensure they comply and adhere to all the rules and regulations fixed by the authorities. However, to what extent the introduction and enforcement of the Amendment Act will guarantee the number of the case will be reduced. This conceptual paper aims to critically discuss on the punishment imposed on drunk driver with reference to the provisions of the above statute. This paper will significantly highlight the issues by gathering the relevant information from journals, articles and previous researches and studies. The finding indicates that by increasing the penalties the drunk drivers are aware of the higher and severe punishment and this is in line with theories of punishment in order to prevent and to deter the offence in Malaysia.