Lawyer for Drink Driving in Singapore

In Singapore, drink driving is a serious criminal offence with strict penalties under Section 67 of the Road Traffic Act (“RTA”). A person may be convicted of such an offence if found to be operating a vehicle while intoxicated and incapable of proper control, or if their blood or breath alcohol content exceeds the legal limit of 80 milligrammes of alcohol per 100 millilitres of blood or 35 microgrammes of alcohol per 100 millilitres of breath.

It is important to note that you can be found guilty even if your alcohol level is below the legal limit. If you are visibly intoxicated and unable to control your vehicle, that alone can result in a conviction. Additionally, drug intoxication and misuse of other substances, such as medication or inhalants, can also result in a charge under this offence.

You are required by law to take a breathalyser test or give a specimen of your blood if the police have reasonable cause to suspect that you are under the influence of alcohol. Refusal or failure to comply with an officer’s request without a reasonable excuse may constitute an offence under Section 70(4) of the RTA.

Drink driving in Singapore is treated as a serious criminal offence under the Road Traffic Act. Following the 2019 amendments to the Act, penalties for both first-time and repeat offenders have been significantly increased to reflect the gravity of this dangerous behaviour. The law aims not only to punish but deter drink driving through strict enforcement and sentencing. Engaging an experienced drink driving lawyer in Singapore is crucial if you’ve been charged with this offence, as the consequences can be severe and long-lasting.

Penalties for First-Time Drink Driving Offenders

Under Section 67 of the Road Traffic Act, a first-time drink driving offender may face:

• a fine not less than $2,000 and up to $10,000; or
• imprisonment for a term not exceeding 12 months, or both a fine and imprisonment; and
• disqualification from driving for a minimum of 2 years, unless the court finds “special reasons” not to impose the ban.

Penalties for Repeat Drink Driving Offenders

For second-time or subsequent offenders, jail is mandatory. The penalties are significantly harsher:

• imprisonment of up to 2 years; and
• a fine not less than $5,000 and up to $20,000; and
• disqualification from driving for a minimum of 5 years.

Additionally, if the offender has previous convictions for serious traffic offences (e.g. dangerous driving or causing hurt while driving), the court may invoke Section 67A of the Road Traffic Act, which allows for up to three (3) times the usual penalties.

Court’s Sentencing Considerations

The High Court established in the landmark case of Edwin s/o Suse Nathen v Public Prosecutor [2013] 4 SLR 1139 the general starting points for the range of sentences to be awarded for first-time offenders:

Note: While the fines and bans in this table reflect the sentencing benchmarks prior to the 2019 Amendments, the law now mandates a minimum disqualification period of two (2) years for first-time offenders, so the actual penalties awarded may exceed the above range. Notwithstanding, the general guiding principle remains that the higher an offender’s breath/blood alcohol level above the limit, the higher the resulting penalty.

Factors Considered During Sentencing

The court weighs two key factors when sentencing for drink driving.

1. Firstly, the offender’s culpability
   1. This can be assessed from the manner of the offender’s driving - whether it was erratic, reckless, or posed a danger to others, and the amount in which the level of alcohol in the offender’s breath/blood exceeds the legal limit. The higher the alcohol level above the limit, the harsher the punishment.
2. The level of potential and actual harm resulting from the offender’s behaviour.

Additionally, the court will consider the presence of aggravating factors (e.g. speeding, refusal to provide breath sample, involvement in an accident), mitigating circumstances (e.g. genuine remorse, early plea of guilt), and past traffic offences, even minor ones, under Section 139AA of the Road Traffic Act;

What Happens If You Refuse a Breath or Blood Test?

Under Section 70(4) of the Road Traffic Act, refusing to comply with a police officer’s request for a breathalyser or blood sample without reasonable excuse is itself an offence. The punishment is equivalent to if you had failed the test - meaning the same fine, imprisonment, and disqualification risks apply.

This strict provision ensures that offenders cannot evade liability by simply refusing the test.

Can You Be Charged If You Weren’t Driving?

Yes. Under Section 68 of the Road Traffic Act, being in charge of a vehicle while intoxicated is also an offence, even if you weren’t driving at the time. You can be found guilty if:

• You were intoxicated to the extent that you were incapable of proper control; or
• Your blood/breath alcohol level exceeded the legal limit.

The only defence to this charge is by proving that there was no likelihood of you driving the vehicle at the time of arrest, and that you had not driven the vehicle between the time of becoming intoxicated and the time of arrest.

Given the serious and escalating nature of drink driving penalties in Singapore, you should never face these charges alone. An experienced criminal defence lawyer for drink driving like Mr Ashvin Hariharan can help assess your case, negotiate with prosecutors, and advocate for reduced penalties or acquittal based on your mitigating circumstances.

His understanding of the Road Traffic Act, as well as proven experience in navigating drink driving cases offers clients a strong defence and fair chance at protecting their future. If you’ve been charged, act quickly to consult a drink driving lawyer in Singapore to secure the best outcome possible.