Justice Aslam Zainuddin imposed the sentence on Wilson Chia, 38, after reviewing a good behaviour bond imposed by the magistrates’ court last week.
The judge also ordered Chia to pay a fine of RM12,000, in default 12 months’ imprisonment, and disqualified him from holding a driving licence for two years.
Chia was arrested during a police operation at Jalan Awan Besar heading towards Puchong at about 12.40am on Feb 27.
He was accused of driving with an alcohol level of 71mg per 100ml of blood, exceeding the legal limit of 50mg per 100ml, and was charged with driving under the influence under Section 45A(1) of the Road Transport Act 1987.
Under the law, individuals who drive under the influence of alcohol face a fine of between RM10,000 and RM30,000, or imprisonment not exceeding two years.
The magistrates’ court imposed a good behaviour bond of RM3,000 for two years after Chia pleaded guilty to the charge on April 15.
The High Court later exercised its revisionary powers under Section 323 of the Criminal Procedure Code to review the magistrates’ decision.
In today’s proceedings, lawyer Ng Chia How asked the court to give Chia a chance to reform, citing his guilty plea and a history of depression diagnosed since the age of 18.
“He is not a hardened criminal. He has a clean record, has provided pro bono services, and has a promising future. He is remorseful and has learnt from his mistake,” he submitted.
Ng said that serving time in prison would worsen his client’s mental health condition, which he said had deteriorated after the charge was brought against him.
Ng called for a one-day custodial sentence if jail was unavoidable.
Kuala Lumpur prosecution director Nordin Ismail, however, submitted that the accused, being a lawyer, should have been fully aware of the risks posed to himself and other road users.
He said Chia should not have been driving, particularly after midnight, given his medical condition.
Nordin urged the court to impose a custodial sentence and a heavier penalty as a deterrent.
Chia is to begin serving his jail sentence immediately. Ng indicated that he would file an application to stay the sentence.