Reasonableman Posted July 11, 2012 Share Posted July 11, 2012 If you have had one beer, one drink or a cigarette within 15 minutes of being tested you could test over the limit. That would be one reason for refusing a breath analyzer test. Also, most test units require you to drink water before the test to avoid false positive, is this ever done here? Do you have the option of a blood test if you test positive on the breath analyzer? Being legally drunk is not a valid reason for refusal. BTW, they have breath tests for tobacco use now? Isn't that still a legal crime? 1 Link to comment Share on other sites More sharing options...
smedly Posted July 11, 2012 Share Posted July 11, 2012 (edited) I don't understand what flashlights and light reflectors have to do with this. Anything to reduce the practice of drunk driving is good, but has anyone here actually seen a breathalizer used in Thailand? I haven't. And what are the penalties for drunk DUI? what they are saying here is simple - they can now legally set up a road stop and test for DUI with a breath test - if you refuse you need a good reason such as a medical reason etc, in the west refusing a breath test is an admission of guilt - you can prove your innocence by blowing - simple as that and about time too Looks like this government are actually doing something right - and all you pissheads out there that think you can just go out get drunk and drive your ass home - your days are numbered and good to see it. Edited July 11, 2012 by smedly 1 Link to comment Share on other sites More sharing options...
somtumlion Posted July 11, 2012 Share Posted July 11, 2012 " to detain suspicious motorists who refuse to take a breath test without a sound reason." So basically someone stone cold sober can be told to take a breath test, with no other valid reason given, and if they think that is just nuts, they can be detained. How long? Where? What mechanism gets them un-detained? I'm not against stopping drunk drivers at all, but there seems to be some stuff not written in to this, that leaves it too open ended. Why would a stone cold sober person refuse? Link to comment Share on other sites More sharing options...
Reasonableman Posted July 11, 2012 Share Posted July 11, 2012 " to detain suspicious motorists who refuse to take a breath test without a sound reason." So basically someone stone cold sober can be told to take a breath test, with no other valid reason given, and if they think that is just nuts, they can be detained. How long? Where? What mechanism gets them un-detained? I'm not against stopping drunk drivers at all, but there seems to be some stuff not written in to this, that leaves it too open ended. One assumes, the "normal" mechanism, unless the BiB have changed overnight. Next there'll be "breath-test insurance" for all commercial drivers. Is that overly cynical? Link to comment Share on other sites More sharing options...
TomTao Posted July 11, 2012 Share Posted July 11, 2012 I don't understand what flashlights and light reflectors have to do with this.Anything to reduce the practice of drunk driving is good, but has anyone here actually seen a breathalizer used in Thailand? I haven't. And what are the penalties for drunk DUI? For directing cars and motorbikes into an area either on one side of the road or beside the road for the purpose of adminstering the breath test. Sent from my GT-I9003 using Thaivisa Connect App Link to comment Share on other sites More sharing options...
ZZZ Posted July 11, 2012 Share Posted July 11, 2012 If you have had one beer, one drink or a cigarette within 15 minutes of being tested you could test over the limit. That would be one reason for refusing a breath analyzer test. Also, most test units require you to drink water before the test to avoid false positive, is this ever done here? Do you have the option of a blood test if you test positive on the breath analyzer? Being legally drunk is not a valid reason for refusal. BTW, they have breath tests for tobacco use now? Isn't that still a legal crime? You are not legally drunk after one beer but a breath analyzer test whithin 15 minutse from drinking one beer could result in a false positive reading saying you are legally drunk. Breath analyzer can indicate a false positive for a variety of substances including tobacco, medicines and others Link to comment Share on other sites More sharing options...
2unique Posted July 11, 2012 Share Posted July 11, 2012 They do have alcohol detectors that when thrust through your window can detect the presence of alcohol but not how much. If alcohol is detected you are then asked to blow to see how much. I have been accosted by one of those gizmos before, at 10am in the morning, at a checkpoint, it is a flashlight wand with a basic breathalyser on the end. I didn't dare put my lips to it, considering where the 1000 previous blowers had probably been the night before. The flashlight (torch to us Brits) wand is only to detect, you shouldn't be blowing in it. the procedure is to stop you, wind down the window, they shine the torch in, reverse it and if alcohol is detected pull you over to the side, take your license and escort you to the table to blow. During the Euros I put myself on a 3 bottles of beer a 90 minute match knowing there would be late night stoppages. 10am is a bit harsh but i know expats that were pulled on their way to work still technically drunk from the night before when they had taken a taxi. Link to comment Share on other sites More sharing options...
OzMick Posted July 11, 2012 Share Posted July 11, 2012 If you have had one beer, one drink or a cigarette within 15 minutes of being tested you could test over the limit. That would be one reason for refusing a breath analyzer test. Also, most test units require you to drink water before the test to avoid false positive, is this ever done here? Do you have the option of a blood test if you test positive on the breath analyzer? In Aus, the blood test is what gets you charged. The breath test is just an indicator, since as you say, you may have just had a single drink. or used a breath-freshener spray recently - most are alcohol based. Link to comment Share on other sites More sharing options...
2unique Posted July 11, 2012 Share Posted July 11, 2012 They do have alcohol detectors that when thrust through your window can detect the presence of alcohol but not how much. If alcohol is detected you are then asked to blow to see how much. I have been accosted by one of those gizmos before, at 10am in the morning, at a checkpoint, it is a flashlight wand with a basic breathalyser on the end. I didn't dare put my lips to it, considering where the 1000 previous blowers had probably been the night before. In Aus, they use a new mouth piece for each person. I'm sure they'll allocate funds to do the same here. Well, if they do it as they do now testing largely everyone that goes through a single checkpoint instead of checking those who show signs of being drunk, I think I will invest in a breathalyser replacement pipe firm. mouth condoms ... Link to comment Share on other sites More sharing options...
Reasonableman Posted July 11, 2012 Share Posted July 11, 2012 (edited) If you have had one beer, one drink or a cigarette within 15 minutes of being tested you could test over the limit. That would be one reason for refusing a breath analyzer test. Also, most test units require you to drink water before the test to avoid false positive, is this ever done here? Do you have the option of a blood test if you test positive on the breath analyzer? In Aus, the blood test is what gets you charged. The breath test is just an indicator, since as you say, you may have just had a single drink. or used a breath-freshener spray recently - most are alcohol based. Yeah, and if you sprayed a few nips of "breath-freshener", you could be legally DUI, as well. Then, there's metho, which used to be popular in the early days as a mouthwash... Would it be correct to say that those who are in the habit of drinking and driving would be the most reluctant to see such measures implemented? Edited July 11, 2012 by Reasonableman Link to comment Share on other sites More sharing options...
smedly Posted July 11, 2012 Share Posted July 11, 2012 If you have had one beer, one drink or a cigarette within 15 minutes of being tested you could test over the limit. That would be one reason for refusing a breath analyzer test. Also, most test units require you to drink water before the test to avoid false positive, is this ever done here? Do you have the option of a blood test if you test positive on the breath analyzer? In Aus, the blood test is what gets you charged. The breath test is just an indicator, since as you say, you may have just had a single drink. or used a breath-freshener spray recently - most are alcohol based. Yeah, and if you sprayed a few nips of "breath-freshener", you could be legally DUI, as well. Then, there's metho, which used to be popular in the early days as a mouthwash... Would it be correct to say that those who are in the habit of drinking and driving would be the most reluctant to see such measures implemented? you are 100% correct, I totally despise drunk drivers because they are putting everyone else at risk, I don't care about not wearing Helmets etc (up to them) but when someone gets into a car or on a motorbike and tries to drive home then lock them up and throw away the key, they are the scourge of society and add to that the fact that they are going with intent makes it even worse, they were sober when they dicided to bring the car, I would shop anyone given the chance. 2 Link to comment Share on other sites More sharing options...
ZZZ Posted July 11, 2012 Share Posted July 11, 2012 If you have had one beer, one drink or a cigarette within 15 minutes of being tested you could test over the limit. That would be one reason for refusing a breath analyzer test. Also, most test units require you to drink water before the test to avoid false positive, is this ever done here? Do you have the option of a blood test if you test positive on the breath analyzer? In Aus, the blood test is what gets you charged. The breath test is just an indicator, since as you say, you may have just had a single drink. or used a breath-freshener spray recently - most are alcohol based. Yeah, and if you sprayed a few nips of "breath-freshener", you could be legally DUI, as well. Then, there's metho, which used to be popular in the early days as a mouthwash... Would it be correct to say that those who are in the habit of drinking and driving would be the most reluctant to see such measures implemented? As most people tested are not DUI they are the ones that should be most reluctant to use a method that could easilly give a false positive and result in severe consequences. A breath analyzer should only be a tool for the police to decide who should be given a blood test, as is done in most western countries. DUI is a very serious crime with very serious consequenses and should be proven using a fail proof test like a blood test. Actually a performance test would be better as some drivers should not be allowed to drive no matter how sober they are and some drivers are actually better drivers after a beer or two. Link to comment Share on other sites More sharing options...
whybother Posted July 11, 2012 Share Posted July 11, 2012 As most people tested are not DUI they are the ones that should be most reluctant to use a method that could easilly give a false positive and result in severe consequences. A breath analyzer should only be a tool for the police to decide who should be given a blood test, as is done in most western countries. DUI is a very serious crime with very serious consequenses and should be proven using a fail proof test like a blood test. Actually a performance test would be better as some drivers should not be allowed to drive no matter how sober they are and some drivers are actually better drivers after a beer or two. I suppose that is the question. Is a blood test required after a positive breathalyzer reading? (In Thailand, that is) Anyone with any experience? Second hand will be fine. Link to comment Share on other sites More sharing options...
Reasonableman Posted July 11, 2012 Share Posted July 11, 2012 The Drunk Driver If you don't drink and drive, you must still look out for those who do. A person who is DWI will not be able to adequately control their vehicle, so you must drive defensively. Be alert for the driver who: Makes wide turns Straddles the center line Passes extremely close to objects or vehicles Drives unreasonably slow or fast Hugs the shoulder, curb, or edge of the road Weaves, creating a zigzag course Fails to use headlights at night Drives with the windows open in cold weather Stops or starts in a jerky manner Follows another vehicle too closely Link to comment Share on other sites More sharing options...
slapout Posted July 11, 2012 Share Posted July 11, 2012 While I see and hear about the drunk driving here in Thailand, I am also conserened about giving the BIB additional power and/or another avenue to expand their scams. If this was in conjuction with a system which involved, the whole sequel of undergoing driver education for the public, police applicant schooling/training, a real system for transport of those drinking, in need of it, close the payoff loop holes, etc I could see a benifit. Social problems must be approached from a multi direction attitude/plan, if you want to solve the underlieing cause. Link to comment Share on other sites More sharing options...
Reasonableman Posted July 11, 2012 Share Posted July 11, 2012 (edited) #42 Actually a performance test would be better as some drivers should not be allowed to drive no matter how sober they are and some drivers are actually better drivers after a beer or two. All the available evidence seems to discount this as an "urban myth", but if you have some counter-evidence, it would make very interesting reading. Edited July 11, 2012 by Reasonableman Link to comment Share on other sites More sharing options...
robblok Posted July 11, 2012 Share Posted July 11, 2012 I think there is a highter amount of foreigners drinking and driving then in their home countries because they think they can get away with it. Also Thailand does attrackt the misfits and ones that dont want to comform to the rules in their home country. I absolutely despise people who drive under the influence of drugs / alcohol. If you can afford a few beers and girls then you can afford a taxi too. Else just walk or don't go out. Link to comment Share on other sites More sharing options...
Thai at Heart Posted July 11, 2012 Share Posted July 11, 2012 The Drunk Driver If you don't drink and drive, you must still look out for those who do. A person who is DWI will not be able to adequately control their vehicle, so you must drive defensively. Be alert for the driver who: Makes wide turns Straddles the center line Passes extremely close to objects or vehicles Drives unreasonably slow or fast Hugs the shoulder, curb, or edge of the road Weaves, creating a zigzag course Fails to use headlights at night Drives with the windows open in cold weather Stops or starts in a jerky manner Follows another vehicle too closely Bloody hell, the cops are going to be busy. 2 Link to comment Share on other sites More sharing options...
Soutpeel Posted July 11, 2012 Share Posted July 11, 2012 (edited) a cigarette within 15 minutes of being tested you could test over the limit. Rubblish Cigarettes do not give you a positive BAC, and put you over the limit, but what cigarettes can do is damage the sensor inside the unit and can stop it working. Edited July 11, 2012 by Soutpeel Link to comment Share on other sites More sharing options...
kiwikoppy Posted July 11, 2012 Share Posted July 11, 2012 I have been stopped several times and breathalizers are used widely around sukhumvit / silom / sathorn roads. you will have to blod while sitting in your car first, if you exceed the maximum by a lot they will fine you right away and take your car. If you exceed it by only a little they will let you get out and walk to the side where another officer is sitting with a more accurate breathalizer. When this one still shows you exceeding the maximum the same as above happens, when it does not or only a little they are mostly nice enough to let you go. In my eyes the breathalizers here show too low amounts of alcohol. In The Netherlands when you drink 2/3 small beers you would have already exceeded it, Here I drunk 3 half a liter changs and exceeded the max with only a little bit. So I dont think anyone has to be scared to not trust the machine, in the end, let them book you and take you to the police station, you can request a blood test there. ps, in the netherlands it is the same, if you request for a blood test, they will bring you to the station first. i love this law, get all drunk drivers out of society, maybe me as wel on some occasions. and the fines should be higher, not the 500 thb you get now, 5000 THB is better as you bring others in danger. Link to comment Share on other sites More sharing options...
kimamey Posted July 11, 2012 Share Posted July 11, 2012 Am I right in thiinking that this is the same as in the UK? Refusing to perform a breath test is an offencce? Actually I don't think that's quite right. As far as I'm aware you can refuse to take a breath test and do a urine test instead which is done anyway if you fail the breath test. If you refuse both then it's an offence as otherwise drivers who think they may be over the limit will just refuse to be tested which would defeat the object. Of course in Thailand the same problem seems to occour all the time. You need a proper police force!! Link to comment Share on other sites More sharing options...
chooka Posted July 11, 2012 Share Posted July 11, 2012 " to detain suspicious motorists who refuse to take a breath test without a sound reason." So basically someone stone cold sober can be told to take a breath test, with no other valid reason given, and if they think that is just nuts, they can be detained. How long? Where? What mechanism gets them un-detained? I'm not against stopping drunk drivers at all, but there seems to be some stuff not written in to this, that leaves it too open ended. The laws are the same in Victoria, Australia and have been for 30+ years. It is an offence to refuse a Preliminary Breath Test (PBT) as it is also an offence to Fail to Accompany for an Evidentiary Breath Test (EBT) PBT indicates the presence of alcohol (above .00 or .049 depending on licence status) the EBT subsequently follows the PBT. A person who refuses either will have thier licence cancelled and they will be disqualified from driving in the state for a period of 2 yrs for 1st offence. The police also have they power to detain an offender until identity has been completely satisfied however long that may take. The person will also be prevented from driving a vehicle from the location where stopped. I would presume that the Thai procedure would be based on that of Australia. P.S I worked at the Victoria Police Traffic Alcohol Branch. 2 Link to comment Share on other sites More sharing options...
chooka Posted July 11, 2012 Share Posted July 11, 2012 I don't understand what flashlights and light reflectors have to do with this. Anything to reduce the practice of drunk driving is good, but has anyone here actually seen a breathalizer used in Thailand? I haven't. And what are the penalties for drunk DUI? I have never seen them used here in Thailand. But then again I have never seen them used in Canada or the United States either. Of course I only lived there 64 years. But I have seen road checks in the holiday seasons where they stop every one and if they suspect them they can legally give them a breathalyzer test and if they refuse be taken in. That is providing they are showing signs of intoxication. Generally in the morning or evening paper they will have a little article so many people stopped and failed breathalyzer test. A lot of times they are just given a 24 hour suspension. My concern is going the other way will they even bother with them. Different in Australia, you do not have to suspect someone of having consumed alcohol, police have the power to breath test anyone found driving or in charge of a motor vehicle/marine vehicle at any time. Where an accident has occured minor or serious involving a motor vehicle/boat you will also be tested even on private property. 1 Link to comment Share on other sites More sharing options...
philw Posted July 11, 2012 Share Posted July 11, 2012 This is terrible news. Does this mean I won't be able to have a couple of beers whilst waiting for the kids ? Will it be enforced ? 1 Link to comment Share on other sites More sharing options...
chooka Posted July 11, 2012 Share Posted July 11, 2012 If you have had one beer, one drink or a cigarette within 15 minutes of being tested you could test over the limit. That would be one reason for refusing a breath analyzer test. Also, most test units require you to drink water before the test to avoid false positive, is this ever done here? Do you have the option of a blood test if you test positive on the breath analyzer? A cigarette will not give a reading, yes police will ask you when did you have your last drink as mouth alcohol generally takes 15 minutes to dissipate however you still can't refuse a preliminary breath test. If the PBT indicates that your breath contains alcohol you will then be required to undergo an evidentiary test on a prescribed device where at least 15 minutes is afforded from the time you are pulled over to the time of the evidentiary test. A standard question asked of the driver during interview and prior to the test is, "What time do you say you were pulled over by the Police." The time given is recorded and 15 minutes allowed. The notion of water given is total rubbish. A driver is not allowed to consume anything prior to providing a sample of his breath for analysis. A point of proof is that "The concentration of alcohol found to be present in his blood was due solely to the consumption of alcohol prior to or whilst driving/involved in a collision." Allowing a person to consume anything prior to a test would see a contested matter thrown out of court as it throws doubt on whether the alcohol reading was due solely to consumption prior to being intercepted. 1 Link to comment Share on other sites More sharing options...
chooka Posted July 11, 2012 Share Posted July 11, 2012 This is terrible news. Does this mean I won't be able to have a couple of beers whilst waiting for the kids ? Will it be enforced ? get the kids to drive Link to comment Share on other sites More sharing options...
somtumlion Posted July 11, 2012 Share Posted July 11, 2012 This is terrible news. Does this mean I won't be able to have a couple of beers whilst waiting for the kids ? Will it be enforced ? Thailand's Father of the Year candidate speaks... Link to comment Share on other sites More sharing options...
chrisinth Posted July 11, 2012 Share Posted July 11, 2012 Get tough with these thais who drive and drink alcohol with no regard to others.but it was ever thus in a class ridden country Sent from my LG-P350 using Thaivisa Connect App Seriously? Expats exempt from this? Link to comment Share on other sites More sharing options...
softgeorge Posted July 11, 2012 Share Posted July 11, 2012 Get tough with these thais who drive and drink alcohol with no regard to others.but it was ever thus in a class ridden country Sent from my LG-P350 using Thaivisa Connect App Seriously? Expats exempt from this? Not if they are considered equals Link to comment Share on other sites More sharing options...
PingManDan Posted July 11, 2012 Share Posted July 11, 2012 (edited) and for those who do take it or not, here is a choice for the rest of your life: www.aathailand.org Edited July 11, 2012 by metisdead Over sized font re-sized to normal size. 1 Link to comment Share on other sites More sharing options...
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