Warning - Pattaya Now Has Alcohol Breath Testing In Daily Use

[misterhe]

A word of warning for those farang who may occasionally have a drink or two, and then drive a motorbike or car in Pattaya.

As of Friday 13th April Pattaya Police are actively using breath testing to test for people over the drink driving limit of 0.05. They have digital breath testing units they can setup and will stop all traffic, as they do when they have a blitz on.

On Friday 13th April at 2am until about 5am they setup on the corner of 2nd Road and Pattaya Thai (Pattaya South Road), where they often sit looking for people not wearing a helmet. They were stopping all bikes (didn't see any cars but they were on the road blocking most traffic) farang and Thai. They were breath testing all - not sobriety test, straight onto the digital breath testing units. The units have a digital display and a printer. Once you blow if the reading is about 0.050 then they print out the reading and you are arrested on the spot. You will then be taken to the Pattay Soi 9 watchhouse and locked up in the holding cells.

Your phone will be confiscated and you are not allowed a phone call or to contact anyone. Farang's are locked up with Thai's (men and women) in the one lockup in the police station. Not air conditioned, very basic, no seats, just concrete floors, the toilet is behind a waist high concrete barrier and is a bowl with no seat, just a hose and a bucket. This doubles as the shower area, if you were so inclined or happened to be locked up for many days like some of the farang over stay people in there. No water or food is provided, you need someone on the outside to bring you that - and they are generally allowed to hand it through to you. On Friday about 18 farangs were detained (Australians, Americans, Italians, Iran, Israel, India, Swiss - holiday makers and long stayers) and 10+ thai's for drink driving and other offences. If you don't have your passport - it's more difficult - they need to be able to positively ID you to begin processing the paperwork. You are generally not told what will happen or what the process is - if you have someone on the outside then they can get some of the story and relay it, but generally you do not know what will happen or when. And if you are told - it's likely to change, and of course "just wait 10 minutes" really means 2+ hours at least.

Once they have processed all the paperwork, and you have signed some documents in Thai (no translation available, no legal advice, just "is this you? sign here), you will be finger printed (in the cells, Thai long stay prisoners do the finger printing). This took from 5am until midday of waiting in the holding cells at the watch house. Then when everyone is processed you are ready to be moved to the Privincial Court House at Jomtien. To move you all the prisoners (Farang and Thai) are handcuffed and chained together in one long line. Then marched down to a paddy wagon, all squeezed in, some standing for the drive from Soi 9 to the court house at Jomtien. You are then unloaded into the holding area in the court house. The holding area is under the building, not air conditoned, You are unshackled, you have to take your shoes off and sit on the concrete floor. No seating, no smoking, no standing. Sit on the floor with all the other Thai's waiting to be processed. The only toilet available is very bad, there are rubber boots outside that you need to wear because the floor is 1cm deep in urine and the smell is so bad you have to hold your breath (it makes the toilet in the watch house look luxurious). The whole area wreaks of urine as the other holding cells (for those Thai's being held for more serious crimes) just has open urinals. During this process - no communication, no advice, no phone calls allowed, you are told "just wait" ... if you have someone on the outside who knows where you are they can bring you water and snacks, you can also buy some thai food that is sold by a local kitchen. The farangs were processed in the last court sitting of the day, after sitting on the floor from midday until 6pm, signing various court documents during the afternoon.

No translation is provided into any language, all documents are in Thai, no legal advice provided, no explanations - very little english spoken, only enough to get you to sign documents and tell you "sit down", "stand up", "come here". If you dont sign the document you will not be processed - there is no option. In the court room there is no visitor gallery, no visitors allowed, no legal representation, no translation available. About 40 people are processed at the same time, sitting on wooden benches or on the floor. The judge (a woman in this case) speaks NO english (she even had to get help from someone to read out the amounts of the fines in English). Each person with a related charge has their name read out in turn, then stands, the judge then addresses everyone in Thai, then decides on a penalty and reads that out in Thai. For drink driving a motorbike you can expect a fine of 2500 to 2700 baht ... Thai and farang the same. There was no discrimination, positive or negative - you get treated like a Thai. Once all have been sentenced you have to pay the fine to the clerk of the court, on the spot. If you couldn't pay you would be locked up again until you can pay. If you have someone on the outside you are permitted to liaise with them for them to get you the money. You may also be escorted to your accommodation to get money as a last resort.

You will now be relieved that it is all over and ready to walk free, as you have been watching all the Thai's do once they are sentenced ... but wait, there is more!!

If you are a farang you now need to have your passport checked for any possible visa violations - overstay's, back to back tourist visa's etc. However at 6pm on a Saturday night (even worse on a Songkran long weekend) there are no immigration officials available to check your passports. So it's back to the Soi 9 lockup. The trip back to the lockup is sitting packed into the back of a police utility truck, all sitting around the edge packed into the open tray (interesting lack of safety concern given you have just been booked for an equally dangerous driving offence). You will then be locked up again until the police can arrange for immigration to check your passport. None of this is told to you in advance, you are told as it happens, and after thinking you are processed and free, being put back into the holding cells at Soi 9 is a shock - particularly then being told it's likely you will be held until the next day (which is a Sunday - so perhaps 2 days, but Monday is a public holiday in Thailand - so perhaps 3 days). Fortunately through some furious negotiations by some Thai supporters of some of the farangs how had been assisting, those farangs who had been able to provide a passport to police were advised they would be let out immediately, and then return at a later date for the immigration check (the police will hold your passport). This was at 11:00pm (after returning from the court about 9pm), the farangs with the passports were then called out and released from the cells one at a time. The group being released is then detained further in an office while the head of police decides how to handle the processing, you then have your passport photocopied (main page and visa page), you were given the copy and asked to return to the police station the following week to meet immigration, and collect you phone, passport and motorbike at that time (assuming no immigration violations). Only then, after the 18 hour ordeal are you free to leave.

NO "tourist police" were present or available at any time during this process (not that I believe they would be able to help anyway - but interesting in their absence the entire time considering how high profile they like to be on walking st).

Also - don't think you can flash a few baht and get let off. I'm aware of a number if discreet attempts directed to the police at the testing station of amounts up to 3k baht which were politely returned.

This story if from my personal experience, I was riding a scooter. I have lived in Thailand for 5+ years, I speak reasonable Thai, I have a Thai drivers license, I had 10k baht in cash on me, I had Thai helpers on the outside who know police and were able to plead my case to all levels of police. None of this helped me get processed any faster or dealt with any better. Not that would expect it too - but just as advice for those farang who think they are "special".

I have no complaints - I was guilty. In future I will be catching a taxi.

There is a new police chief in town - and he is cracking down on drink driving.

Be warned!

[MJCM]

Thanks for that, this will maybe teach people not to drink and drive. !

[vexill]

coming soon - speed cameras! they just need to work out the speed limits on every road first...

[londoedan]

Wow - sounds like quite an experience - and kudos to you for your honesty in relating it all here.

This type of random breath-testing has been a long time coming to Pattaya IMO and I for one think its a great idea. I've lost count of the number of times I've seen expats drinking in a bar and then leave under their own steam on a bike or in a car. And there's no excuse either as there are alternate modes of transport available.

Lets hope that this measure will bring down the road accident statistics.

[rinteln]

Yeah I saw that group of police the other day early hours of the morning. Looked like they meant business. I just hope its not another fashionable stage that police and local politicians like to go through just to look serious. I hope they make it stick and not let people just pay their way out of it.

I am sceptical, not of the theory or principle but of the practice. The idea is great and should be implemented more but I fear it wont be done properly and will be subject to corruption and treated as more opportunity for revenue.

[patekatek]

Speed cameras are already being used on the highway between Samut Sankran and the split where you can go to Phetchaburi and Hua Hin. I've not only seen them but about 4 months ago my wife's uncle got a letter from the police in that area indicating a B400 fine was to paid for traveling 120 kph. My wife had borrowed his car and was , indeed, photographed by one of the portable speed camera traps. We paid the fine via the post office and now when driving in that area I keep it below 115 kph. I can only imagine the amount of money the local police could make if they had these set up on the highways between Bangkok and Pattaya.

[necronx99]

Quite an ordeal.

I only drink at home, but these rubber boots, do they have a size eleven?

As to bribes, if the breatho units are new toys they probably have to generate some legitimate income for a while to cover the purchase costs..

[Payboy]

The unofficial fine is set to increase when the trials and tribulations are well-known.

[bdenner]

An interesting report, they have been doing this in Udon Thani now for 6 months or more and I personally know 2 Farang who went through a similar experience with similar fines.

[evadgib]

I'm curious as to the calibration record of the device and/or whether it can be abused for personal gain.

[Rimmer]

Most interesting an informative misterhe I am sure the members will appreciate the heads up.

[Markland]

Good post.You admit your mistake.If anyone continues to drink and drive after reading your post hten they are seriously stupid.

Whenever i go have some fun i never drive.

[JSixpack]

Blood alcohol levels chart here.

I trust members will be reporting common locations for the checkpoints. Not that I'm overly worried.

[champken]

Great warning post OP that should be taken very seriously by all of us that do or have in the past drunk and drove/rode.

I had a lucky escape a year or more ago where i was fortunate enough to be able to bribe my way out of the situation, but it taught me a lesson and i now do not drink and ride

[Paul1Kanya]

An excellent post, thank you for your time in doing so. Scary for those who flount the law and reassuring for those that don't.

I put my hands up to being one of the former in the past. Now 'cured'.

Paul 1.

[pattayadingo]

Yes, good report. i have to admit it paints a terrible picture of life after arrest here. A good deterrent, I would have thought.

Considering how cheap it is to get a m/c taxi to most parts of Pattaya, why drink and ride / drive ?

[WyattEarp]

Nice bit of writing. My SEO copywriter would be proud.

The problem is they only enforce this once or twice per year when the big guns comes down from Bangkok. The rest of the year, even if you can hardly stand, they cops will help you into your car and sent you on your way with a smile and "please drive careful". Consistency is needed.

It is also first time I've heard they don't take bribes. The previous occasions it seems you were guided to a table where you were told "pay 10,000 baht now or go to court". Expensive, but a way out. But that's again the selective enforcement that seems to be common here.

I think the treatment is outrageous and I'm sure not providing you a translation of the proceedings and what you sign is probably against a dozen international human rights conventions.

Do you have any idea what a taxi charge you to take you from downtown to the dark side? Not all of us live in downtown Pattaya.

[raro]

wheww...thanks for the heads-up! Whereas it is possible to get a Baht bus in town to back home where I live, it is more or less impossible to get into town without your own ride. Around the darkside is no public transport whatsoever so no chance to go to a pub and get home unless you drive by yourself...

[lovetotravel]

Lack of public transportation for the outer areas of Pattaya is a real problem. But this enforcement is a good thing. So many drunk driving accidents here.

Thanks for the post. Very informative and a good warning for all.

[MJCM]

.......

Do you have any idea what a taxi charge you to take you from downtown to the dark side? Not all of us live in downtown Pattaya.

True, but any taxi is a cheaper then spending 19 Hours in a stinking Jail cell and paying 2000 +++ THB in fines.

[bdenner]

I'm curious as to the calibration record of the device and/or whether it can be abused for personal gain.

That is a good point and when I asked one of the guys picked up in Udon he explained he had only had a couple over a 2 hour period (and knowing the guy for some time can believe that) the last only being a couple of minutes before being stopped and blowing into the machine.

Back in Australia one has just had a drink he/she is told to stay put for 30 minutes or so then tested again (that was the case when I was last tested --- passed). This guy was charged on the reading he produced there and then and was not allowed another test when a proper result would have been achieved after a stabilizing period.

[raro]

Do you have any idea what a taxi charge you to take you from downtown to the dark side? Not all of us live in downtown Pattaya.

Motorcycle taxi from Leo's to SSCC at the Crocodile Farm Road Intersection 100 Baht.

The problem is not getting back. The problem is getting INTO town from the darkside.

[misterhe]

Nice bit of writing. My SEO copywriter would be proud.

The problem is they only enforce this once or twice per year when the big guns comes down from Bangkok. The rest of the year, even if you can hardly stand, they cops will help you into your car and sent you on your way with a smile and "please drive careful". Consistency is needed.

It is also first time I've heard they don't take bribes. The previous occasions it seems you were guided to a table where you were told "pay 10,000 baht now or go to court". Expensive, but a way out. But that's again the selective enforcement that seems to be common here.

I think the treatment is outrageous and I'm sure not providing you a translation of the proceedings and what you sign is probably against a dozen international human rights conventions.

Do you have any idea what a taxi charge you to take you from downtown to the dark side? Not all of us live in downtown Pattaya.

1) My understanding is that this is a change in local enforcement and may not be a one off. I've lived in Central Pattaya for 5 years and am a weekend regular to Walking St and the vicinity. My "stupidity" was based on 5 years of never having seen any form of alcohol testing done. There is a new police chief who has been shaking things up in town - and I believe this is his initiative. He also took specific interest in our cases and was present on Saturday night and involved directly in deciding if we were going to be let out. He specifically wanted all the guilty farang's to also be reviewed by immigration to try and find visa violations. This is more thorough than I would normally expect and seems to be aimed at getting statistics up - not getting cash for letting people off. Not sure how long it will last but it is a clear change in local policing policy in the short term.

2) There was definitely no interest in "money", and only interest in due process and getting it all done officially for the record books. I (along with most of the other farangs) had access to cash, that would have been clear to the police and was shown to them on occasion, but there was no interest. My Thai helpers also made inquiries as to what options were available, and apart from small sums being paid to get access to me and bring me water/food - there was no invitation or opportunity to buy your way out.

I have access to 2 well known local lawyers, unfortunately being 6am on the day after Songkran, neither were in Pattaya or taking calls. I believe it might have been different had they been available - not special treatment, but the ability to get bail, to ask for some delay and then pleading a case. But I couldn't get either of them, a bit like trying to get your lawyer on Christmas day.

3) The conditions are poor, the lack of communication and access to lawyers was worse. There is even a very old sign up on the inside of the watch house in english explaining you get a phone call ... but that was not offered. There was no mention of rights, there was no ability to exercise or enforce rights (hence I think it would have been better if I could have got hold of a lawyer). We were processed in their own time, and as the Thai nationals were. While it was poor treatment - everything was done equally to the Thai offenders - no better or worse treatment other than being held to check for Visa violations.

4) Motorbike taxi is 40 baht each way for me to near BigC Extra on Pattaya Klang ... one of the other farangs lived out Siam Country Club road and said if he caught a motorbike taxi it was 200 baht each way ... hence he road his bike.

[misterhe]

I'm curious as to the calibration record of the device and/or whether it can be abused for personal gain.

That is a good point and when I asked one of the guys picked up in Udon he explained he had only had a couple over a 2 hour period (and knowing the guy for some time can believe that) the last only being a couple of minutes before being stopped and blowing into the machine.

Back in Australia one has just had a drink he/she is told to stay put for 30 minutes or so then tested again (that was the case when I was last tested --- passed). This guy was charged on the reading he produced there and then and was not allowed another test when a proper result would have been achieved after a stabilizing period.

I don't think Thai law is that sophisticated in terms of stabilizing period as per Australia (I'm an Aussie), but in due course I'll be discussing options are processes with my Thai lawyer so that I'm better prepared in future. I'll post any information I get. There was a farang who blew prior to me and was under the limit and walked - so they were letting people off who didn't blow over the limit without fuss.

I got the impression that "no correspondence will be entered into" and that the first reading, was the reading and sufficient evidence of guilt.

[Orac]

Do you have any idea what a taxi charge you to take you from downtown to the dark side? Not all of us live in downtown Pattaya.

Motorcycle taxi from Leo's to SSCC at the Crocodile Farm Road Intersection 100 Baht.

The problem is not getting back. The problem is getting INTO town from the darkside.

I have never had a problem though I have occasionally had to walk 5 mins down Nernplabwan before I found one. My wife who, being Thai, refuses to walk anywhere has the number of one of the local motorcycle taxi guys who picks her up or sends someone else for her.

I normally pay 100 baht into town of an evening and 200 baht back in the small hours.

[jmdf103]

how many units of alcohol is a small bottle of heineken?

[MJCM]

how many units of alcohol is a small bottle of heineken?

Check it here: http://www.bhf.org.uk/alcoholcalculator/

[CHdiver]

I guess poeple living on the dark side have been forced to do so at gunpoint. So its just natural to get them a special treatment and they should all be allowed to continue there drunk driving ...

[Markland]

Nice bit of writing. My SEO copywriter would be proud.

The problem is they only enforce this once or twice per year when the big guns comes down from Bangkok. The rest of the year, even if you can hardly stand, they cops will help you into your car and sent you on your way with a smile and "please drive careful". Consistency is needed.

It is also first time I've heard they don't take bribes. The previous occasions it seems you were guided to a table where you were told "pay 10,000 baht now or go to court". Expensive, but a way out. But that's again the selective enforcement that seems to be common here.

I think the treatment is outrageous and I'm sure not providing you a translation of the proceedings and what you sign is probably against a dozen international human rights conventions.

Do you have any idea what a taxi charge you to take you from downtown to the dark side? Not all of us live in downtown Pattaya.

I live in siam royal view.I get a baht bus service that takes care of the hotel down the road near the railway crossing.2 hundred baht in tuk tuk.Would cost less if i took motorbike taxi but what is a hundred baht. From walking street back to home at 4-6 in the morning a tuk tuk costs me 3 hundred baht.

So 5 hundred baht.Which is nothing if you compare it to having a accident or causing someones death while in your car or on motorbike.

It certainly is better spending 5 hundred baht then getting locked up for the night or even worse dying.If you got a moto taxi probably hundred baht to walking street and 1-2 hundred baht going home.

People complain about that but will have no problem spending 2-10 thousand baht on a good night out.

dont drink and drive not worth it

[Markland]

And you can get drive from darkside to downtown if you have good friend who can do you favour now and then especially if they going to that area to do some shopping or to eat