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Breathalyzer Law?


Hog Head

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Sundays BKK Post has an editorial by Voranai Vanijaka article where he says to the effect that the BIB need your permission to submit to a breathalyzer test.

Is this truly the case, and if permission is refused are you deemed guilty be default?

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Sundays BKK Post has an editorial by Voranai Vanijaka article where he says to the effect that the BIB need your permission to submit to a breathalyzer test.

Is this truly the case, and if permission is refused are you deemed guilty be default?

Guess so, the same as every other country... :D ...if someone refuses they generally have something to hide..... :)

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.if someone refuses they generally have something to hide..... :)

Or doesn't want to be framed by the BIB, distrusts their training and/or machine calibration, or knowledge of the law.

Dont see how you can be framed by the BiB, they cant f*kc with the calibration, if you consider holding the instrument up to somebodies lips "training"..... :D ...well then I dont know.... :D

If someone has a general beef with "blowing in the bag" at the road side, ask to be taken for a blood test.

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[

Dont see how you can be framed by the BiB, they cant f*kc with the calibration, if you consider holding the instrument up to somebodies lips "training"..... :D ...well then I dont know.... :)

You seem to have very limited knowledge of who the Borkenstein breathalyzer works, and you may wish to read up on it before making broad statements regarding calibration and training.

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A recent article in Bangkok post indicated the BIB were switching to local made (Thailand) breathalyzers as the foreign cost more than they wanted to pay. Sure hope they can copy these highly sensitive units to the original manufacture specs. OK maybe that is too much to hope for, but what the hay, tell them it is your birthday if you are asked to submit to the test.

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Yes it's true, however in refusing the test you might just earn yourself a little ride to the police station and BUDDHA only knows what might happen to you at the police station, fall break a leg, or lose some teeth, bruise ribs, best just take the test, you know the law and you shouldn't be driving and drinking any kind of alcohol in the first place. :D:D:D My hope and wishes is that they catch you and all the good old buddies that drink and drive and let you all do a little time in the slammer, the roads are bad enough with just plan on bad drivers period, young 10 year olds whizz by on there motorbike, no need for the drunks :D NUFF said, starting to Rant :)

Edited by BigSnake
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Yes it's true, however in refusing the test you might just earn yourself a little ride to the police station and BUDDHA only knows what might happen to you at the police station, fall break a leg, or lose some teeth, bruise ribs, best just take the test, you know the law and you shouldn't be driving and drinking any kind of alcohol in the first place. :D:D:D My hope and wishes is that they catch you and all the good old buddies that drink and drive and let you all do a little time in the slammer, the roads are bad enough with just plan on bad drivers period, young 10 year olds whizz by on there motorbike, no need for the drunks :D NUFF said, starting to Rant :)

Have only been tested once in 8 years in Thailand, at a road block on Sukhumvit (Pattaya) one Xmas/New year..hadnt been drinking anyway, but expected a shake down of some form from Thailands finest, but they were pretty professional, polite, no shake down....."blew in the bag" and they wished me a good evening as I went on my merry way, it appeared they had sprung a few drivers, considering the number of cars pulled over by the side of the road...

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Sundays BKK Post has an editorial by Voranai Vanijaka article where he says to the effect that the BIB need your permission to submit to a breathalyzer test.

Is this truly the case, and if permission is refused are you deemed guilty be default?

That's how it works in the USA. If you refuse you atomically lose your license but you don't get the charge of DUI and or DWI on your record unless you are a falling down stupid drunk caught on video which tends to be the case.

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Sundays BKK Post has an editorial by Voranai Vanijaka article where he says to the effect that the BIB need your permission to submit to a breathalyzer test.

Is this truly the case, and if permission is refused are you deemed guilty be default?

That's how it works in the USA. If you refuse you atomically lose your license but you don't get the charge of DUI and or DWI on your record unless you are a falling down stupid drunk caught on video which tends to be the case.

They fire some kind of atomic disruptor at your licence??? :)

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Sundays BKK Post has an editorial by Voranai Vanijaka article where he says to the effect that the BIB need your permission to submit to a breathalyzer test.

Is this truly the case, and if permission is refused are you deemed guilty be default?

That's how it works in the USA. If you refuse you atomically lose your license but you don't get the charge of DUI and or DWI on your record unless you are a falling down stupid drunk caught on video which tends to be the case.

Not true.

Refusal to "blow" will result in loss of license. ( When you sign on the dotted line when you got it, you were giving permission that you will submit to all tests. )

After your refusal, you will have a blood draw ( which was covered under a general search warrant signed by a judge, kinda a blanket type warrant for all who refuse, based upon your signature when applying for said license )

Blood is submitted as evidence, tested by a lab and if you're over the limit, then yes, you will be charged for DUI. ( 2 charges, 1 for DUI and another for BAC over legal limit )

( the loss of license is different than losing it for DUI which could happen when you go to court on the DUI charge, a MVD hearing is normally scheduled 30 days post arrest and is to determine if you are able to get it back, which is possible, but the court normally will suspend it for a period of 1 year and a interlocking device will have to be installed on your vehicle, which you pay for ( $ 1,000 ) alcohol classes, which you pay for, and a fine ( normal being around $1500)

and good luck getting insurance after....

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Rules & Regulations

Drive on the left side of the road

The legal age for driving cars is 18

The legal age for riding a motorcycle up to 110cc is 15; 18 is the legal age for riding a motorcycle over 110cc

It is compulsory for a driver to have their driving licence and a copy of the vehicle registration document (Blue Book, Lem Tabian)

Valid Thai or International Driving Licences are accepted

Every vehicle must have a tax sticker, which has to be renewed annually at the local Department of Land Transport Office (DLT)

Every vehicle must have at least third party compulsory motor insurance, which has to be renewed annually at the local Department of Land Transport Office (DLT)

It is compulsory to wear a seat belt in the front seats of a car. Fines for not wearing a seatbelt can be paid at the local police station

Blood-alcohol limit is 0.5 mg

Speeding fines must be paid at the local police station

Vehicles with red registration plates are not permitted to drive at night

From 7 May 2008 a driver may only use a mobile cellular telephone with a handsfree system

Quote from http://bangkok.angloinfo.com/countries/thailand/driving.asp

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Interesting about the third party insurance. This means that when you bump someone off their motorcycle with your car, insurance pays for their treatment. So why is it that we read of farang being made to pay for hospital expenses from their own pockets? (For the wags amongst you, I really wouldn't mind a sensible answer, so try to contain yourselves.)

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Back to the law in THAILAND

Seemingly one can refuse to blow. What is the penalty for refusing to blow?

Is permission required to take a blood test, and if so how is this obtained if one is incapable of giving permission?

In the end does one have his day in court and able to question the BIB on their knowledge, procedures, calibration, and trail of evidence? Or is one just deemed guilty at the police station with no recourse to justice?

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tell them it is your birthday if you are asked to submit to the test.

Duh!

Birthday is on your driver's license! :)

Well 'Duh' in my time in LOS and occasional stops by the bib, I have found they do not speak English/none thai languages too readily, much less read them. They seem to relate to individuals going out on birthday and treating their friends. I do think that they may have trouble with the word 'duh' in translation. A uni professor once told a class, it is used as a buffer/noise while brain is trying to engage.

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Interesting about the third party insurance. This means that when you bump someone off their motorcycle with your car, insurance pays for their treatment. So why is it that we read of farang being made to pay for hospital expenses from their own pockets? (For the wags amongst you, I really wouldn't mind a sensible answer, so try to contain yourselves.)

I believe you are right, the third party insurance should pay for their treatment, extra payments are for compensation. i.e.lost wages, funerals, disability etc.

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I can recall either on this forum or another Phuket forum about the police in Kamala setting up checkpoints and nailing everyone for 30K.  What struck me as strange was that one BM said he had had nothing to drink that night and still blew .12. 

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Back to the law in THAILAND

Seemingly one can refuse to blow. What is the penalty for refusing to blow?

Is permission required to take a blood test, and if so how is this obtained if one is incapable of giving permission?

In the end does one have his day in court and able to question the BIB on their knowledge, procedures, calibration, and trail of evidence? Or is one just deemed guilty at the police station with no recourse to justice?

I was told by a high-ranking policeman in Chiang Mai that refusal to take the breath test means a mandatory blood test.

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I was told by a high-ranking policeman in Chiang Mai that refusal to take the breath test means a mandatory blood test.

Good luck trying to enforce that one on the local puyai. :)

I saw a motorist physically struggling with a Policeman at the Pratunam intersection in Bangkok yesterday. He was apparently trying to film the Policeman on his mobile phone while asking for a bribe for a minor traffic violation. Policeman got angry and started to get physical with the guy in the driver's seat.

Unfortunately the lights changed and I couldn't stick around to witness the outcome.

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