Notaries Public. Commissioners for Oaths
Drink driving can lead to potentially fatal consequences. In Singapore, it is considered a serious criminal offence and is strictly regulated under the applicable legal framework, including that under Section 67 of the Road Traffic Act.
In recent years, statistics suggest that the occurrences of drink-driving incidents have increased. Thus, amendments were made to the Road Traffic Act in 2019 to further enhance the sentences for drink driving offences to deter drink driving even more strongly.
Given the severity of drink driving, it is important for drivers to refrain from driving after consuming alcohol, and to also discourage others from drink driving. In any event, it is beneficial for drivers and for the public in general to have some knowledge about the drink driving laws in Singapore.
Pursuant to Section 67(1)(b) of the Road Traffic Act, a person can be found to be guilty of drink driving if he or she has so much alcohol in his or her body that the proportion of it in his or her breath exceeds the prescribed limit (i.e. above 35 microgrammes of alcohol in 100 militaries of breath).
In addition, and pursuant to Section 67(1)(a) of the Road Traffic Act, a person can also be found to be guilty of the offence of drink driving so long as he or she is under the influence of drink to such extent as to be incapable of having proper control of the vehicle. Thus, even if the amount of alcohol in a person’s body does not exceed the prescribed limit, it may be possible for a person to be found guilty of the offence of drink driving if it can be proven that he or she is intoxicated to the extent of being incapable of exercising proper control of the vehicle.
According to the High Court’s explanation in Rafael Voltaire Alzate v Public Prosecutor [2022] 3 SLR 0993, a first-time offender under Section 67 of the Road Traffic Act will typically face:
For repeat offenders, the penalties are significantly more severe:
If an accident occurs while drink driving, the offender may face additional charges, such as careless driving or dangerous driving. These are separate offences and may result in additional penalties, including fines or imprisonment.
The Court will generally first consider the applicable legal framework in deciding on a specific starting point or starting range for the sentence. Both the harm caused as well as the offender’s culpability will typically be considered by the Court in considering the appropriate starting point. Thereafter, the Court will carefully calibrate the sentence upwards or downwards depending on the applicable aggravating or mitigating factors and based on the specific facts and circumstances of each particular case.
Generally, the higher the alcohol level, the more severe the penalty. Similarly, if one is a repeat offender, the penalty is likely to be increased. Other factors which may lead to more serious penalties include if there is harm caused to any other persons (note: the severity of the harm is also considered), and/or if the offender showed poor control of the vehicle due to his or her intoxication at the material time.
It is important for one being charged with drink-driving to know his or her legal rights and to also seek proper legal advice about the potential sentences and penalties.
As a preliminary point, it is important to cooperate with the authorities as part of any investigation. Under Section 69 of the Road Traffic Act, police officers may require a person to provide a breath specimen for a preliminary breath test in certain situations (e.g. if a road traffic accident takes place and there is suspicion of alcohol consumption).
Further, and pursuant to Section 70(4) of the Road Traffic Act, a person who fails to provide a specimen when required and who does not have a reasonable excuse may be arrested by the police without a warrant. Thus, it is important for one to comply with any requests from the authorities, such as providing a breath specimen.
Given the potentially serious penalties for drink-driving (which may also include a custodial term), it is in the best interests of a person being charged with drink-driving to seek proper legal advice about the charge(s) that he or she may be facing.
If required, one should also consider engaging a drink driving lawyer in Singapore to represent him or her during the criminal proceedings. Even if one is minded to plead guilty to a drink driving offence, one may still consider seeking legal representation to try to request a fair sentence in Court.
Drink driving is treated as a serious offence in Singapore, with strict laws and potentially severe consequences. Whether it is your first charge or you are facing repeat allegations, it is important to understand how the law applies to your situation and what steps you can take to respond appropriately.
If you have been stopped, investigated, or charged with a drink driving offence, our drink driving lawyers at HOH Law Corporation can provide clear legal advice and representation to help you navigate the process and work towards a fair outcome.
Disclaimer: Statements in this article are not to be construed as legal advice, and are meant for general information only. The writer and/or Hoh Law Corporation shall not be responsible or liable for any errors, mistakes, or misinterpretation of any statements found herein.
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