Drink driving is one of the most common offences in Singapore’s State Courts, and the penalties rose sharply in 2019. If you have been stopped or charged, here is what the law says and how the courts set the sentence.
The offence
Section 67 of the Road Traffic Act 1961 makes it an offence to drive, or attempt to drive, a motor vehicle while unfit through drink or drugs, or with alcohol in your breath or blood above the prescribed limit.
The penalties for a first offence
- a fine of $2,000 to $10,000, or imprisonment of up to 12 months, or both; and
- disqualification from driving for at least two years, unless the court finds special reasons.
Repeat offenders face higher fines, imprisonment and longer disqualification.
How the court sets the sentence
For first offenders where no one was hurt and no property was damaged, the High Court laid down starting points in Rafael Voltaire Alzate v Public Prosecutor [2022] 3 SLR 993, based on the alcohol level in the breath:
| Breath alcohol (µg per 100 ml) | Fine | Disqualification |
|---|---|---|
| 36–54 | $2,000–$4,000 | 24–30 months |
| 55–69 | $4,000–$6,000 | 30–36 months |
| 70–89 | $6,000–$8,000 | 36–48 months |
| 90 and above | $8,000–$10,000 | 48–60 months or more |
The court then adjusts for aggravating factors, such as poor driving, a long journey, or driving a heavy vehicle, and for genuine mitigation. Serious aggravating factors can lead to a jail term even for a first offence.
When there is an accident
If someone was injured or property was damaged, the sentence is likely to be much heavier, and further charges may follow. Get advice before you give any statement about the accident.
What to do now
- Keep your paperwork. The breath or blood test result, the charge sheet and any notice to attend court.
- Write down the night. Where you drank, what, over how long, and why you drove. Details matter for mitigation and for any argument about the reading.
- Plan for the disqualification. If you depend on driving for work, tell your lawyer early; it affects how the case is presented.
- Do not miss a court date. A warrant of arrest can follow.
Common questions
Will I go to jail for a first drink driving offence?
Not usually, if no one was hurt and nothing was damaged. Under the sentencing framework, first offenders without aggravating factors usually receive a fine and a disqualification. Aggravating factors can push a case past the custodial threshold.
How long will I lose my licence?
At least two years for a first offence. Under the sentencing bands the period rises with the alcohol level, from 24–30 months at the lowest band to 48–60 months or more at the highest.
What are special reasons?
Circumstances connected with the offence itself, not the offender’s personal hardship, that justify a shorter or no disqualification. They are rarely accepted.
Akesh Abhilash is a Singapore disputes lawyer with eleven years in practice, acting in commercial, cross-border and criminal matters before the Court of Appeal, the High Court, the State Courts and international tribunals. Read his profile.