Jail and a heavy fine are now in the headlights of any driver who refuses a police directive to take a breath test — they will be assumed drunk and can be arrested and charged under a drink-driving law that has just been amended.
Under the new law, which took effect on Wednesday, police can stop a car under special circumstances or when there is evidence the driver might be drunk.
They may ask the driver to enter a special lane designated by traffic cones. They can then demand the driver open a window so they can do a preliminary test inside the car for signs of alcohol or ask the driver to take a breathalyser test.
Police can also order the driver to step out of the vehicle to complete a walk-and-turn test.
If the driver refuses to take such tests, police can assume he or she has violated Section 43 (2) of the Traffic Act, which prohibits driving under the influence of alcohol and other drugs.
As a result, the driver can be detained as necessary, plus charged with driving under the influence.
The measure was published in the Royal Gazette on Tuesday and took effect on Wednesday, when a higher number of road accidents related to alcohol consumption was expected.
The Traffic Control and Command Centre's Facebook page also posted a warning about the new law, saying the penalty for refusing to take the test is a jail term of up to one year and a fine of 10,000 baht to 20,000 baht or both.
Under the old law, a driver who refused to take a test would be fined up to 1,000 baht. If a driver agrees to take the test and is found drunk, the penalty is a jail term of up to one year and a fine from 5,000 to 20,000 baht.
Pol Lt Col Sansern Kree-aree, of the Traffic Police Division's general staff unit, said police could not just charge anyone with drunk driving unless they followed an established procedure first.
Meanwhile, 128 people were killed in 1,133 road accidents nationwide on Tuesday and Wednesday, the first two days of the New Year road safety campaign, the Disaster Prevention and Mitigation Department said.