File photo for reference only

 

In a dramatic legal update, Thai authorities have declared that drivers who refuse a breathalyser test will be treated as if they were driving under the influence. This bold move comes after a high-profile incident involving actress Marie Braun, 33, and renowned businessman Atchamon Singsikornkul. Marie repeatedly refused to comply when stopped at an alcohol checkpoint, sparking discussions on the consequences set by this new regulation.

 

According to the Central Investigation Bureau's official page, drivers who decline the breath test will be presumed guilty of drink-driving under the Traffic Act B.E. 2542, Section 142.

 

This legal presumption means stiff penalties could be enforced. Offenders may face imprisonment of up to one year or fines ranging from 5,000 to 20,000 Thai baht. Additionally, the court could choose to suspend or even revoke driving licences for a minimum of six months under Section 43(2) of the same Act.

 

The severity of these measures also extends to treating the refusal as disobedience of a police order, reported Matichon Online.

 

Authorities emphasise that this could have harsher legal repercussions, affecting individuals who might not have consumed alcohol at all. The law intends to deter drink-driving by imposing severe penalties as a preventative measure, aiming to enhance road safety in Thailand.

 

The authorities' commitment to combating drunk driving is evident as discussions about this regulation gain momentum. The decision to equate breath test refusal with drink-driving underlines the importance placed on road safety and law enforcement in the country.

 

As debates continue, the implications of this legislation hold significant consequences for drivers across Thailand. With potential legal repercussions, drivers are urged to comply with breathalyser requests to avoid harsh penalties.

 

This new law marks a pivotal moment in Thailand's road safety regulations, aiming to deter reckless behaviour and enhance public safety.

 

  Adapted by ASEAN Now from Matichon Online 2025-08-25

 

The same as in countries like Australia. Automatic mandatory licence suspension and/or heavy financial penalty for refusal. It's the sensible option.

 

 

If you have nothing to hide why should not to do the test??? If you refuse you admit you have been drinking probably too much too, So normal reaction of the police...and if the driver says I did not drink but I refuse the test , he is the one who has to prove that he did not drink in some other way.

32 minutes ago, webfact said:

In a dramatic legal update, Thai authorities have declared that drivers who refuse a breathalyser test will be treated as if they were driving under the influence.

... does this also apply to the rich and influential people ... probably not ... 

Run and hide for 24hrs still works!

58 minutes ago, webfact said:

fines ranging from 5,000 to 20,000 Thai baht.

 

That is nothing for many of wealthy as I am sure they spend that amount on a dinner with alcohol.  Suspending or revoking their license will hurt them more.

All this means is that "on the spot consideration", will now have to be reviewed for a considerable increase. 

 

No brainer......why was this not the case for ever?..........

 

 

...........unless of course you happen to bang your knee when smashing into the car of a couple of graduates, who then burn to death.

6 hours ago, webfact said:

This new law marks a pivotal moment in Thailand's road safety regulations, aiming to deter reckless behaviour and enhance public safety.

This 'new law' has been around for decades - since the 70s as far as I can tell.

 

Seems about right.  Dont you know who I am?
 

Actress Marie Broenner and businessman Asakorn “Boss” Singsikornkun have received suspended prison sentences after an incident in Bangkok in which Broenner, sentenced to two months in prison and fined 4,000 baht for drunk driving, refused a breathalyzer test, while Asakorn, sentenced to one month and fined 10,000 baht, verbally abused and obstructed police officers.

 

https://x.com/ThaiEnquirer/status/1959898908790002072

 

6 hours ago, webfact said:

In a dramatic legal update, Thai authorities have declared that drivers who refuse a breathalyser test will be treated as if they were driving under the influence.

Good, as it should be.

Good, Thai roads are carnage and Thailand now moves to number 1 in world for motorbike deaths.

 

It's the fact almost that cops only enforce laws at checkpoints and ignore stuff otherwise.

Lawless roads.

 

They are going to make a fortune for a good while now all the penalties are raised till things are reigned in..probably take years to get to a baseline of accceptable behaviour....nice bigger cash cow for on-the-spot reduced penalties for 'big boss'.

 

 

20 hours ago, VR333 said:

The same as in countries like Australia. Automatic mandatory licence suspension and/or heavy financial penalty for refusal. It's the sensible option.

 

 

The problem with what you say is that this is Thailand. Where corruption is rampant. Where testing equipment for accuracy is non-existent. Where tampering, threatening, coercing, and forcing is the norm to get money from someone. 

Who is to say that there will be some pla es where they have testing spots for breathalyzing drivers that the equipment has been updated and checked for accuracy? Or that the police will not lie about what the result of the test says and ask for money to bypass a charge. Or some other form of using this new rule to threaten arrest and ask for bribe money?

1 hour ago, thesetat said:

Where testing equipment for accuracy is non-existent.

 

The way it's done in Australia is they start with "breathe into this device" to establish if there is cause for further, more accurate assessment. Roadside booze buses are set up at random locations, at any time of the day or night. I was tested only a couple of weeks ago driving through a country town at 11am, so you never know when and where they will be located.

 

1 hour ago, thesetat said:

Who is to say that there will be some pla es where they have testing spots for breathalyzing drivers that the equipment has been updated and checked for accuracy? Or that the police will not lie about what the result of the test says and ask for money to bypass a charge. Or some other form of using this new rule to threaten arrest and ask for bribe money?

 

Yes, in Thailand there will always be the suspicion of it being a setup, but does that mean you do nothing? Do you just shrug, say TiT, and never change things? Will there always be some hiso folk who are untouchable? Of course, but if you can manage to change the behaviour of the majority, then why not try?

 

There are many US police bodycam videos of people adamantly telling police, they have not been drinking, only to be taken to a police station for further testing after 'failing' what, for many people, would be, a set up to fail, roadside sobriety test (even sober, I probably couldn't pass the series of balance tests they want you to do.) Later at the police station, surprise, surprise, they are double the allowed limit. They do have the option of getting a blood test with an independent analysis if they wish to challenge the previous result.  

 

 

 

 

Whilst I can see the practical applications for this, , breathalyzers are not 100% accurate. They can provide reliable estimates of blood alcohol content (BAC) but are subject to errors from factors like improper calibration, user error, environmental conditions, or certain medical conditions (e.g., diabetes or acid reflux) that can produce false positives. Accuracy varies by device quality.

Do the cops in Thailand actually know what 'calibration' means????

 

Blood tests are more accurate, Blood tests directly measure the alcohol concentration in the bloodstream, providing a precise reading, while breathalyzers estimate BAC indirectly through breath samples, which can be affected by factors like calibration, user error, or medical conditions.

21 hours ago, BritManToo said:

Run and hide for 24hrs still works!

Another loophole they should close.

Run/hide/evade for a period of time... should count as a DUI positive result.

If leaving the scene of an accident they should have one hour to turn themselves in at a station, after that time period. DUI stands.

Was it not this way already?

Of course you should be considered drunk if you refuse a breathalyzer test / evidential blood test, or a special charge for refusing to take a breathalyzer test (With similar penalties to if you were found to be driving drunk).

You can maybe pull some shenanigans to delay taking a test so that you can hopefully sober up a little, but if you refuse to take a test then of course you're going to be arrested.

They’ve only just thought of this idea

21 minutes ago, mikeymike100 said:

Blood tests are more accurate, Blood tests directly measure the alcohol concentration in the bloodstream,

 

Indeed, but don't forget the urine test for other drugs than alcohol, this could also be made mandatory.

That's all well but are they then going to take a blood sample to test ? as you can have some people just over the limit and then others who don't even know what day it is .

If you refuse to take a breathalyzer, then they should arrest you and force a blood test on you to prove you are either intoxicated or not. If you are drunk, then that charge should be imposed. If not drunk, then charge them with refusal to comply with a police order, but not for drunk driving. To simply say you refused so you are driving drunk is irrational and should not be permitted. There is too much room here for abuse by the police to ask for money at check points. But then, that may be the reason for such actions they are now trying to make. 

23 hours ago, webfact said:

The authorities' commitment to combating drunk driving is evident

 

No, it isn't. As long as you don't go through a checkpoint, you can usually drive like a complete drunken maniac with essentially zero chance of being pulled over by police. 

 

23 hours ago, webfact said:

The decision to equate breath test refusal with drink-driving underlines the importance placed on road safety and law enforcement in the country.

 

The road death statistics tell us exactly how much importance is placed on road safety and law enforcement: zero.

On 8/25/2025 at 9:55 AM, ikke1959 said:

If you have nothing to hide why should not to do the test??? If you refuse you admit you have been drinking probably too much too, So normal reaction of the police...and if the driver says I did not drink but I refuse the test , he is the one who has to prove that he did not drink in some other way.

If the charge is less or you know that it is going to take too long for the blood test then it makes sense  Better to let them think you re over than blow and prove how far over you really are LOL

 

The test to this law like all laws here is how well will it be enforced

23 hours ago, petedk said:

 

That is nothing for many of wealthy as I am sure they spend that amount on a dinner with alcohol.  Suspending or revoking their license will hurt them more.

First-Time Offense

• Fine of 5,000 to 20,000 baht
• Up to one year in jail
• License suspension (usually at least 6 months)
  
  ... for normal people 😉

On 8/25/2025 at 9:43 AM, webfact said:

File photo for reference only

 

In a dramatic legal update, Thai authorities have declared that drivers who refuse a breathalyser test will be treated as if they were driving under the influence. This bold move comes after a high-profile incident involving actress Marie Braun, 33, and renowned businessman Atchamon Singsikornkul. Marie repeatedly refused to comply when stopped at an alcohol checkpoint, sparking discussions on the consequences set by this new regulation.

 

According to the Central Investigation Bureau's official page, drivers who decline the breath test will be presumed guilty of drink-driving under the Traffic Act B.E. 2542, Section 142.

 

This legal presumption means stiff penalties could be enforced. Offenders may face imprisonment of up to one year or fines ranging from 5,000 to 20,000 Thai baht. Additionally, the court could choose to suspend or even revoke driving licences for a minimum of six months under Section 43(2) of the same Act.

 

The severity of these measures also extends to treating the refusal as disobedience of a police order, reported Matichon Online.

 

Authorities emphasise that this could have harsher legal repercussions, affecting individuals who might not have consumed alcohol at all. The law intends to deter drink-driving by imposing severe penalties as a preventative measure, aiming to enhance road safety in Thailand.

 

The authorities' commitment to combating drunk driving is evident as discussions about this regulation gain momentum. The decision to equate breath test refusal with drink-driving underlines the importance placed on road safety and law enforcement in the country.

 

As debates continue, the implications of this legislation hold significant consequences for drivers across Thailand. With potential legal repercussions, drivers are urged to comply with breathalyser requests to avoid harsh penalties.

 

This new law marks a pivotal moment in Thailand's road safety regulations, aiming to deter reckless behaviour and enhance public safety.

 

  Adapted by ASEAN Now from Matichon Online 2025-08-25

 

wow,they have nearly caught up with the real world,can anyone tell me which country was first ?

4 hours ago, thesetat said:

The problem with what you say is that this is Thailand. Where corruption is rampant. Where testing equipment for accuracy is non-existent. Where tampering, threatening, coercing, and forcing is the norm to get money from someone. 

Who is to say that there will be some pla es where they have testing spots for breathalyzing drivers that the equipment has been updated and checked for accuracy? Or that the police will not lie about what the result of the test says and ask for money to bypass a charge. Or some other form of using this new rule to threaten arrest and ask for bribe money?

Very true, and peoples lives are the most important although that will never be the case here in the Banana Republic of Thailand.

On 8/25/2025 at 12:43 PM, webfact said:

File photo for reference only

 

In a dramatic legal update, Thai authorities have declared that drivers who refuse a breathalyser test will be treated as if they were driving under the influence. This bold move comes after a high-profile incident involving actress Marie Braun, 33, and renowned businessman Atchamon Singsikornkul. Marie repeatedly refused to comply when stopped at an alcohol checkpoint, sparking discussions on the consequences set by this new regulation.

 

According to the Central Investigation Bureau's official page, drivers who decline the breath test will be presumed guilty of drink-driving under the Traffic Act B.E. 2542, Section 142.

 

This legal presumption means stiff penalties could be enforced. Offenders may face imprisonment of up to one year or fines ranging from 5,000 to 20,000 Thai baht. Additionally, the court could choose to suspend or even revoke driving licences for a minimum of six months under Section 43(2) of the same Act.

 

The severity of these measures also extends to treating the refusal as disobedience of a police order, reported Matichon Online.

 

Authorities emphasise that this could have harsher legal repercussions, affecting individuals who might not have consumed alcohol at all. The law intends to deter drink-driving by imposing severe penalties as a preventative measure, aiming to enhance road safety in Thailand.

 

The authorities' commitment to combating drunk driving is evident as discussions about this regulation gain momentum. The decision to equate breath test refusal with drink-driving underlines the importance placed on road safety and law enforcement in the country.

 

As debates continue, the implications of this legislation hold significant consequences for drivers across Thailand. With potential legal repercussions, drivers are urged to comply with breathalyser requests to avoid harsh penalties.

 

This new law marks a pivotal moment in Thailand's road safety regulations, aiming to deter reckless behaviour and enhance public safety.

 

  Adapted by ASEAN Now from Matichon Online 2025-08-25

 

Rules, rules, rules. Thailand is becoming as regulated as the West. 

These small PAS (Portable Alcohol Screening) devices are not alway accurate and I don't know what the SOP for the Thai police are? Does the mouthpiece get changed after earch test? Is the chamber that analyzes the breath sample purged after each sample is tested?  Where I came from PAS readings are not admissable in court because they are not always accurate. But "when in Rome one must comply with local laws".  

20 minutes ago, sqwakvfr said:

These small PAS (Portable Alcohol Screening) devices are not alway accurate and I don't know what the SOP for the Thai police are? Does the mouthpiece get changed after earch test? Is the chamber that analyzes the breath sample purged after each sample is tested?  Where I came from PAS readings are not admissable in court because they are not always accurate. But "when in Rome one must comply with local laws".  

I got tested last month passing a check point in Bangkok.. I had to blow into it without touching it. They held the mouthpiece a few cm from my mouth. Hardly an accurate use of the equipment. 

42 minutes ago, khunphil said:

First-Time Offense

• Fine of 5,000 to 20,000 baht
• Up to one year in jail
• License suspension (usually at least 6 months)
  
  ... for normal people 😉

 

 

She was fined only 4000 Baht (she probably paid more than that for her dinner) and 2 months suspended sentence. 

Back on the road and dining and wining again.