Mr X had a pint of drink with some colleagues for happy hour and drove home. Upon reaching home, he met a road-block set by the police. He was stopped and asked to perform a breathe test by the police officer. Mr X refused and said that he has a right to not conduct a breath test as he was driving normally. Is it true?


According to the Section 45B of Road Transport Act 1987, any police officer in uniform who has reasonable cause to suspect a person who is driving under the influence of alcohol can request the driver to perform a breath test. The police officer can also arrest that person without warrant if the driver chooses not to cooperate. The permitted blood alcohol content limit set for Malaysia is 0.08%. However, it is never advisable to drink and drive.

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