By: Mr. Ponthep Werachon, Thai Solicitor & Mrs.Darunee Werachon, Thai Solicitor & Accountant of WERACHON LAW OFFICE, 315/304, Moo 12 Theppasit Road (Soi 12) Nongprue,Banglamung,Pattaya City, Chonburi 20260, Kingdom of Thailand Tel: (038)304 084, (038) 251 533, Fax: (038) 304 027, Mobile: 081 423 4255, 089 889 6483, Website: www.thaisolicitor.com, e-mail: thai@werachonlawyers.com

THE right to pursue happiness is declared in the ‘Universal Declaration of Human Rights’ which corresponds to the dream of most expats in Pattaya, who assert to the cultural value of “He who does not love wine, wife and song, will be a fool for his long life”.

“I prefer to stay at home during the Songkran day”

These hedonist people prefer to stay at home with their wives during Songkram days, especially 19th April, when all streets will be crowded by Songkran lovers who are the worse for ware. However, it should not be more dangerous than the chaos of the shopping lovers who clashed with police in London.
Lord Buddha’s doctrine tells us to use moderation in our daily lives. Unfortunately, many people in Thailand misinterpret the moderation doctrine by breaking the five commandments, which include the abstinence from alcohol drinks. You may see many expats in Pattaya wearing the amulet of Lord Buddha, but sitting with a glass of beer in many beer bars in the Walking Street.
In the western world, there was a clear consensus that while alcohol was a gift from God, its abuse was from the Devil. There is a saying that “Drunkenness was condemned and punished, but only as an abuse of a God-given gift. Drink itself was not looked upon as culpable, anymore than food deserved blame for the sin of gluttony. Excess was a personal indiscretion”
Thailand is practically a secular state to enforce the code of morality as the laws of the nation. The mentality of “Mai Pen Rai” is the national philosophy which guarantees the liberty of people to enjoy their hedonism.
In 1917, the temperance movement in the USA put significant pressure on the government to approve the 18th amendment, which prohibited the sale, manufacture and transportation of alcohol consumption. In reality, the bootlegging activities became rampant with huge turnover, without tax.
“Deputy prime minister who is the Chairman of the National Alcohol Policy Boar always enjoys his hedonist life style with wine and politics”
The untouchable Al Capone ended up in jail for tax evasion by the attack of the IRS who was hungry to share these clandestine incomes.
The temperance movement in Thailand who successfully protested against the listing of Beer Chang in the Stock Exchange of Thailand becomes controversial for their attempt to ban alcohol during the Songkran festival.
The ban or prohibition of alcohol in Thailand is mainly on sales, while the consumption is culpable only in some circumstances because it may be in violation of the fundamental rights under the constitution.
The main laws are the Alcohol Control Act 2007 and the Announcement of the Military Junta No.253 dated 16th April 1972.
The alcohol Control Act 2007 by announcement of the Office of the Prime Minister, controls the sale of alcohol by specifying the prohibited time and places to sell the alcohol. The prohibited times are during the day from 11 a.m. to 2 p.m. and 5 p.m. to 12 p.m. each day. For the important four Buddhist religious days, the sale of alcohol is absolutely banned. However, the Songkran festival during 12 to 14 April is not considered a religious day. The reason of this tolerance is based on the economy which demands the consummation of alcohol. The deputy prime minister admitted that the ban will definitely provoke the sale of clandestine sales of alcohol.
Election days are also a dry period required by the electoral laws for people to be sober once they exercise their democratic rights.
The problem for most expats in Pattaya is the ban for the consummation or drinking of alcohol. The concept is that Thailand is a free and liberal country to pursue the rights of happiness. The consummation of alcohol will be punishable only in cases you drive the car or motorcycle with an excessive limit of alcohol, in the places prohibited for alcohol under Section 31 of the Alcohol Control Act 2007, i.e., temple or monastery, school, hospital or public park or gas station, etc.
Section 43 of the Land Traffic Act amended in 2007 empowers the police to inspect any wet or drunken driver of car or motorcycle. The test for alcohol concentration can be made by either breath, blood or urine testing.
The breath testing equipment will be primary used by asking the wet or drunken driver to blow into the testing equipment. The limit of the alcohol in the lung is measured in milligram. The “breathalyser” will have their measurement of milligram in percentage.
If the alcohol test cannot be conducted with the breatalyser, the drunken driver will be sent to the nearest hospital for a blood or urine testing. If you are sober enough, please try to be nice and talk clearly with the police, then they will be tolerant with you.
If it is found out that the alcohol in your breath or blood is over the limit, you will be sent to the police station within six hours for further investigation.
It is advisable to enjoy your wine, wife and songs at home. You will be the happiest man in this Songkran festival.