Key Takeaways

• Heightened Scrutiny on Alcohol-Related Incidents: Despite its reputation for lively nightlife and a relaxed alcohol culture, Thailand faces significant challenges from alcohol-induced road accidents and related anti-social behavior, prompting comprehensive legal reforms to enhance public accountability and safety.
• Stricter DUI Regulations Enacted: As of September 2024, Thailand has tightened its drunk driving measures by enforcing differentiated blood alcohol content limits.
• Robust Civil Litigation Framework: Victims of alcohol-related incidents can pursue civil claims under the wrongful acts provisions of the Thai Civil and Commercial Code.

Alcohol and Thailand

As one of the world’s premier tourist destinations, Thailand continues to be renowned for its bustling nightlife and vibrant culture. Alongside this, alcohol is freely and readily available to all those who enjoy a drink or two.

However, while the vast majority of alcohol consumers in Thailand are law-abiding citizens, there is a prevalence of alcohol-related incidents on Thai roads that has necessitated a sweeping reform of legal and regulatory measures. Furthermore, Thailand is experiencing a minor uptick in anti-social behavior related to alcohol.

Taking the above into account, Thailand’s legal authorities have been making substantial commitments to enhancing public safety by establishing clear lines of accountability for those involved in alcohol-induced accidents.

While Thailand may seem to have a relaxed stance on alcohol, a host of laws are actively in place to ensure rigorous regulation.

Driving Under the Influence of Alcohol

In September 2024, the Thai government enacted regulatory amendments to tighten the rules regarding driving under the influence.

Under the law, police officials have the power to authorize the collection of urine samples and/or escort a person suspected of drink driving to a hospital to undergo a blood test to determine the level of alcohol in their system.

If a suspected drink driver refuses to partake in a urine and/or blood test, it will be assumed that their blood alcohol level exceeds the limit.

The new rules set the legal blood-alcohol content limit at 20 milligrams per deciliter for drivers under 20 years old, provisional license holders, and those driving without a valid license. For drivers over 50, the limit is 50 milligrams per deciliter.

Now, if the person driving under the influence has inflicted damage (e.g., injured someone or destroyed property in the course of their actions), they could be liable for both criminal and civil damages.

Civil Litigation for Damages

If an accident is caused by a drink driver, parties impacted by such action can pursue civil litigation to recover damages.

Under the Thai legal system, civil damages for offenses related to alcohol, including drink driving incidents, fall under the wrongful acts provisions of the Thai Civil and Commercial Code (CCC), specifically section 420, which states, “A person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is bound to make compensation therefore.”

Under sections 438 to 448 of the CCC, courts in Thailand will determine the extent of the compensation to be granted to the impacted parties based on the severity of the act caused by alcohol misuse. Damages can include, but are not limited to, property damage, medical expenses, lost wages, and, in cases of fatal accidents, funeral costs.

As such, it should be appreciated that even though accidents related to alcohol may result in criminal charges, civil damages can be imposed as well, potentially leading to severe financial implications.

How Can WSR Law Help You?

With significant experience in representing those involved in criminal and civil law matters in Thailand, WSR Law’s commercial and legal professionals are on hand to assist you every step of the way.