Drunk driving in Thailand is a criminal offense that can result in fines, imprisonment, suspension or revocation of a driving license, and serious consequences if an accident causes injury or death. Foreigners should be particularly careful because a drunk-driving case can also create immigration and visa-related consequences.
Thailand has strict laws against driving while intoxicated. The authorities have also increased enforcement, with the Royal Thai Police emphasizing that officers may proceed with legal action when drunk driving is detected rather than simply issuing a warning.
What Is Considered Drunk Driving in Thailand?
Under Thailand's road traffic laws, a driver may be considered legally intoxicated when the alcohol concentration in the blood exceeds the prescribed limit.
For most drivers, the relevant limit is more than 50 milligrams percent (50 mg%).
A lower threshold of more than 20 mg% applies to certain categories of drivers, including:
- Drivers under 20 years old
- Drivers holding a temporary driving license
- Drivers who do not have a driving license
- Drivers whose license has been suspended or revoked
- Certain drivers using a license that does not correspond to the vehicle being driven
These rules are important for foreigners because having a foreign driving license does not necessarily exempt a person from Thai drunk-driving laws.
What Is the Penalty for Drunk Driving in Thailand?
For a first-time drunk-driving offense, the law provides for:
- Imprisonment of up to 1 year
- A fine of THB 5,000–20,000
- Or both imprisonment and a fine
- Suspension of the driving license or other driving-license consequences
The exact outcome depends on the circumstances of the case and the court's decision.
A drunk-driving case should therefore not be treated as merely a traffic ticket. It can become a criminal case requiring the accused to deal with the police, prosecutors and potentially the court.
What Happens If You Repeat a Drunk-Driving Offense?
Thailand imposes substantially higher penalties for repeat offenses.
If a person commits another drunk-driving offense within two years of the first offense, the penalty can increase to:
- Imprisonment of up to 2 years
- A fine of THB 50,000–100,000
- Suspension of the driving license for at least 1 year or revocation of the license
The law is particularly strict regarding repeat offenders, and police authorities have emphasized that repeat cases can be sent to court for prosecution.
What If Drunk Driving Causes an Accident?
The consequences become significantly more serious if drunk driving causes another person to suffer injury.
1. Causing Injury
If drunk driving causes another person to suffer bodily or mental harm, the penalties can include:
- Imprisonment of 1–5 years
- A fine of THB 20,000–100,000
- Suspension of the driving license for at least 1 year or revocation
2. Causing Serious Injury
If the victim suffers serious injury, the penalties can include:
- Imprisonment of 2–6 years
- A fine of THB 40,000–120,000
- Suspension or revocation of the driving license
3. Causing Death
The most serious situation occurs when drunk driving causes another person's death.
The penalties can include:
- Imprisonment of 3–10 years
- A fine of THB 60,000–200,000
- Revocation of the driving license
A drunk-driving accident resulting in death can therefore become a very serious criminal prosecution in Thailand.
What Happens If You Refuse a Breathalyzer Test in Thailand?
Refusing an alcohol test can create serious legal problems.
Thai authorities have stated that where a driver refuses the required alcohol test, the law may presume that the person was driving while intoxicated, subject to the applicable legal requirements.
Therefore, refusing a breathalyzer is not necessarily a way to avoid a drunk-driving charge.
A foreigner should also avoid arguing aggressively with police officers or physically resisting an examination because additional criminal allegations may potentially arise depending on the circumstances.
Can a Foreigner Be Arrested for Drunk Driving in Thailand?
Yes.
A foreign national in Thailand is subject to Thai criminal and traffic laws in the same way as other persons within Thailand.
Depending on the circumstances, the process may involve:
- 01Police stopping the driver
- 02Alcohol testing
- 03Arrest or formal accusation
- 04Investigation by police
- 05Bail or temporary release, where applicable
- 06Submission of the case to the prosecutor
- 07Criminal prosecution before the court
- 08Judgment and sentencing
The procedure can be more complicated for foreigners because the person may also have immigration, visa or work-permit considerations.
Can a Drunk-Driving Case Affect a Foreigner's Visa?
Potentially, yes.
A criminal case can create immigration-related complications, particularly where the case results in a conviction, imprisonment, deportation proceedings or other circumstances affecting the person's immigration status.
However, being arrested does not automatically mean that a foreigner will be deported or permanently banned from Thailand. The immigration consequences depend on the specific facts, the criminal case, the court outcome and applicable immigration law.
Foreigners should therefore obtain legal advice before making assumptions about their visa or immigration status.
Can You Get Bail in a Drunk-Driving Case?
Bail or temporary release may be possible depending on the circumstances and stage of the proceedings.
The appropriate procedure can depend on whether the case is still being investigated by the police, has been submitted to the prosecutor, or has already reached the court.
Factors such as the seriousness of the offense, whether anyone was injured or killed, the defendant's circumstances and the risk of fleeing may affect the release process.
For a foreign defendant, having appropriate documentation and legal representation can be particularly important.
What Should You Do If You Are Arrested for Drunk Driving in Thailand?
If you are a foreigner arrested or accused of drunk driving in Thailand, you should consider the following:
1. Remain calm.
Do not physically resist police officers or interfere with the investigation.
2. Ask for an interpreter if necessary.
You should understand the allegations and important documents before signing them.
3. Do not sign documents you do not understand.
Ask for clarification or legal assistance before signing important statements.
4. Contact a Thai criminal lawyer.
A lawyer can assess the evidence, explain the procedure and assist with bail and court proceedings.
5. Keep all documents.
Preserve copies of the police report, alcohol-test results, summons, bail documents and other relevant records.
6. Do not leave Thailand without obtaining legal advice.
If criminal proceedings are pending, leaving Thailand may create additional legal complications.
Does Drunk Driving Also Create Civil Liability?
Yes.
A drunk-driving accident may result in both criminal liability and civil liability.
If another person is injured or property is damaged, the driver may face claims for compensation, including potentially medical expenses, property damage and other losses recognized under Thai law.
Where a person dies, the deceased person's relatives or other legally entitled persons may also have claims arising from the death.
Therefore, a drunk-driving accident can involve several separate legal issues at the same time:
- Criminal prosecution
- Compensation claims
- Insurance issues
- Driving-license consequences
- Immigration consequences for foreigners
What If the Accident Was Not Your Fault?
Being over the alcohol limit does not necessarily resolve every issue concerning liability for an accident.
The circumstances of the collision, evidence from witnesses, CCTV footage, police investigation, vehicle damage and other evidence may all be relevant.
A person accused of drunk driving should therefore obtain legal advice before admitting liability or agreeing to compensation.
Why Foreigners Should Take Drunk-Driving Cases Seriously
Many foreigners assume that a drunk-driving offense in Thailand is simply a matter of paying a small fine.
That assumption can be dangerous.
A drunk-driving case may involve criminal charges, imprisonment, substantial fines, driving-license consequences, compensation claims and potential immigration issues.
The consequences become particularly serious when the offense is repeated or when an accident results in injury, serious injury or death.
How Nathee Legal Can Help
If you are a foreigner who has been arrested, charged or investigated for drunk driving in Thailand, obtaining legal advice at an early stage can help you understand your rights and the appropriate legal procedure.
Nathee Legal provides legal assistance to foreign clients facing criminal and traffic-related cases in Thailand. Our lawyers can assist with matters including:
- Drunk-driving charges
- Criminal defense
- Police investigations
- Bail and temporary release
- Court proceedings
- Accident-related criminal cases
- Civil compensation claims
- Immigration-related legal issues
If you or a family member has been arrested for drunk driving in Thailand, it is advisable to obtain legal advice as soon as possible.
Frequently Asked Questions
Is drunk driving a criminal offense in Thailand?
Yes. Drunk driving can result in criminal prosecution, imprisonment and fines.
What is the alcohol limit for driving in Thailand?
For most drivers, exceeding 50 mg% of alcohol in the blood can constitute drunk driving. A lower 20 mg% threshold applies to certain categories of drivers.
How much is the fine for drunk driving in Thailand?
For a first offense, the fine can be THB 5,000–20,000, with imprisonment of up to 1 year or both, depending on the case.
Can you go to jail for drunk driving in Thailand?
Yes. A first offense can carry imprisonment of up to 1 year. More serious cases involving repeat offenses, injury or death can carry substantially higher penalties.
What happens if drunk driving causes death?
The driver may face imprisonment of 3–10 years, a fine of THB 60,000–200,000 and revocation of the driving license.
Can a foreigner be deported after a drunk-driving case?
Immigration consequences depend on the circumstances and outcome of the case. A criminal charge does not automatically mean deportation, but foreigners should obtain legal advice regarding their individual immigration status.
Can I refuse a breathalyzer test in Thailand?
Refusing the required test can result in serious legal consequences and may lead to a presumption of drunk driving under applicable law.