What Are the Penalties for Drink Driving in Singapore?

Drink driving in Singapore is a criminal offence under section 67 of the Road Traffic Act 1961 with mandatory minimum penalties. A first conviction means a fine of at least S$2,000, mandatory disqualification from driving for at least 2 years, and potentially up to 12 months’ imprisonment. A second conviction under section 67A puts you in mandatory custodial-sentence territory and pushes the disqualification to at least 5 years. The Singapore framework is not soft and the courts apply it consistently.

I’m Hasif, an Associate Director at A.W. Law LLC handling traffic violations and other criminal matters. Drink driving cases come to me both at the breath-test stage (where the accused is at the police station and considering whether to provide a sample) and after charge (where the matter is heading to court). This post covers the law, the realistic penalties, and what to do at each stage.

The legal limits

Singapore prescribes three measurement points for alcohol content. Driving when over any of them is an offence:

• Breath: more than 35 micrograms of alcohol per 100 millilitres of breath.
• Blood: more than 80 milligrams of alcohol per 100 millilitres of blood.
• Urine: more than 107 milligrams of alcohol per 100 millilitres of urine.

The breath test is the standard front-line procedure. Officers conducting traffic enforcement carry portable breathalysers. If the breath test indicates over the limit, the accused is taken to a police station for a more accurate evidential breath analyser test or, in some cases, a blood test.

The first-offence penalties under section 67

Section 67 of the Road Traffic Act covers “driving while under the influence of drink or drugs”. A first conviction carries:

• Fine: S$2,000 to S$10,000.
• Imprisonment: Up to 12 months.
• Mandatory disqualification: From holding or obtaining any driving licence, for a minimum of 2 years.

The court can impose fine, imprisonment, or both. In practice, first-time drink driving offenders without aggravating factors usually receive a fine plus the mandatory 2-year disqualification, with no custodial sentence. Custodial sentences are imposed where:

• The blood alcohol level was significantly above the limit.
• The driving conduct was dangerous (swerving, accidents, excessive speed).
• The matter involved injury to others.
• The accused has prior driving offences.
• The matter occurred in a context aggravating the seriousness (driving with passengers, late at night, in a residential area).

The second-offence penalties under section 67A

Repeat offenders face a substantially harsher framework under section 67A:

• Fine: S$5,000 to S$20,000.
• Imprisonment: Up to 24 months. Imprisonment is mandatory; the court must impose some custodial sentence on a second conviction.
• Mandatory disqualification: Minimum 5 years.

The custodial element is important. Even where the accused has been a model citizen since the first conviction, a second conviction means at least some time in prison.

Refusing the breath test: section 70

Section 70 of the Road Traffic Act covers refusal to provide a breath specimen. The penalties are similar to those for drink driving itself:

• Fine: S$2,000 to S$10,000.
• Imprisonment: Up to 12 months.
• Mandatory disqualification: Minimum 2 years.

The point of the parallel structure is to remove the incentive to refuse the test in the hope of escaping a drink driving conviction. Refusing the test is treated as roughly equivalent to drink driving in penalty terms, and the court can additionally draw an adverse inference about why the person refused.

In my practice, the people who refuse a breath test usually regret it. The penalty exposure is the same as drink driving. The court usually proceeds on the inference that you were over the limit. And refusing creates an extra count for the prosecution to argue about, which can only hurt at sentencing.

Causing hurt or death by drink driving

Where the drink driving caused injury or death, separate and more serious offences apply:

Causing hurt by negligence (Penal Code section 337/338). Penalties up to 6 months and S$2,500 fine for simple hurt; up to 2 years and S$5,000 fine for grievous hurt. The drink driving is treated as evidence of negligence.

Dangerous driving causing hurt or death (Road Traffic Act section 65). Penalties up to 5 years for hurt, up to 8 years for death. The drink driving aggravates the dangerous-driving element.

Causing death by negligence (Penal Code section 304A). Up to 2 years’ imprisonment and fine. Drink driving is heavily aggravating.

In matters involving death or serious injury, the drink driving charge is usually the lesser charge. The substantive matter is the more serious offence. Defending these matters requires close attention to causation, the standard of care, and the medical evidence.

What happens at the police station

If you’re stopped on suspicion of drink driving, the typical sequence:

• Roadside breath test. A portable breathalyser. If it shows under the limit, you usually go on your way.
• Arrest if over the limit. You’re taken to the nearest police station, usually within 30 minutes.
• Evidential breath test. A more accurate fixed-station breathalyser. The reading from this device is what’s used in court.
• Statements. A section 22 statement is recorded. You’ll be asked when you last drank, how much, where you were heading, and similar questions.
• Charge or release. For clear over-the-limit readings, charge usually follows. Bail is normally granted on the spot for first offenders without aggravating factors.

The first 90 minutes after the breath test are where most of the substantive evidence is gathered. The decisions you make about the breath test, statements, and cooperation in this window matter heavily.

What to do if you’ve been charged

If you’ve been charged with drink driving in Singapore, the first decision is plea. Three broad options:

Plead guilty. Most drink driving matters resolve this way. The mandatory penalties apply. The lawyer’s role is in mitigation: arguing for the lower end of the fine range, identifying any factors that justify a lesser sentence, and ensuring the procedural matters (driving licence surrender, payment timing) are handled cleanly.

Plead not guilty and contest the matter. Worth considering where:

• The breath test or breathalyser calibration is challengeable.
• The procedure (chain of custody for the sample, opportunity to give a sample of choice, language of the caution) had irregularities.
• There’s a dispute about whether you were actually driving (e.g., the car was stationary, you weren’t behind the wheel, someone else was driving).
• The sample was contaminated or the police procedure was non-compliant.

Most contested drink driving matters lose, but procedural challenges sometimes work and the matter is sometimes thrown out or downgraded.

Negotiate a reduced charge. Sometimes the prosecution will accept a guilty plea to a less serious offence (careless driving, for example) where the evidence on drink driving has issues. This is matter-specific and depends on the facts.

The right choice depends on the specific matter. A 10-minute conversation with the breath reading and the police facts usually clarifies which path is realistic.

The driving disqualification

The mandatory disqualification is often the most painful part of the penalty for clients who depend on driving for work. Some practical points:

• The disqualification starts on the day of conviction, not on the day of the offence.
• You must surrender your driving licence within 7 days of conviction.
• Driving while disqualified is a separate offence under section 43 of the Road Traffic Act, with up to 6 months’ imprisonment, fines, and additional disqualification.
• No early restoration. Once imposed, the disqualification runs for its full term.
• Re-application. After the disqualification ends, you must re-apply for a licence. For some offenders, the LTA may impose conditions on re-licensing, including a Driver Improvement Programme.

For accused who use a vehicle for work (delivery, sales, transport), the disqualification can effectively end the job. This factor sometimes affects the prosecution’s willingness to accept a less serious charge in suitable cases.

What to do next

Drink driving in Singapore is a procedurally well-established offence with predictable penalty ranges. The strategic decisions are around the breath test (provide it cleanly), the statement (don’t volunteer beyond what’s asked), and the plea (guilty plea with mitigation, contested trial on procedural grounds, or negotiated reduced charge).

If you’ve been stopped on suspicion of drink driving, charged with drink driving, or are facing a second offence under section 67A, the first ten minutes with me are free. Book a Criminal Matter Discovery Session and we’ll work out the realistic options. English, Malay, Mandarin, Tamil, or Vietnamese, with translation staff on hand for each.

For related topics, see what to do if you get arrested in Singapore.