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Drink driving

Drink driving and related Road Traffic Act matters.

Educational overview. This page is general information about Singapore criminal law for education and search. It is not legal advice and does not create a solicitor–client relationship. Laws, penalties and procedures change — speak with a qualified criminal lawyer about your own situation.

Drink driving is among the most frequently prosecuted road offences in Singapore, and the consequences are heavier than many people expect. Beyond a fine or jail, a conviction almost always brings a mandatory driving disqualification — even for a first offence — and the law now reaches drivers impaired by drugs and other intoxicating substances, not just alcohol.

What counts as drink driving in Singapore

The core offence sits in section 67 of the Road Traffic Act 1961. A person commits it when driving, or attempting to drive, a motor vehicle on a road or other public place while either so far under the influence of drink, a drug, a psychoactive substance or an intoxicating substance that they are incapable of proper control of the vehicle, or with alcohol in the breath or blood exceeding the prescribed limit. The prescribed limit is 35 microgrammes of alcohol per 100 millilitres of breath, or 80 milligrammes per 100 millilitres of blood (section 72). Since 2024 the offence expressly covers psychoactive and other intoxicating substances, so impairment by drugs or vaping substances can be charged under the same section.

The law and penalties

Penalties depend heavily on whether it is a first or a repeat offence. The figures below reflect the Act as consolidated at the time of writing; because these provisions have been amended several times recently, current figures should always be confirmed.

First conviction Repeat conviction
Fine $2,000–$10,000 $5,000–$20,000
Imprisonment Up to 12 months Up to 2 years (mandatory)
Disqualification At least 2 years At least 5 years

Where a driver has two or more relevant prior convictions, the court is directed to order disqualification for life unless there are special reasons for a shorter period (section 67(2A)). Separate enhanced-penalty provisions (section 67A) can apply to repeat serious traffic offenders. Caning is not a penalty for the drink-driving offence itself; it can arise only where the driving overlaps with a separate offence, such as certain dangerous-driving-causing-hurt charges.

Being “in charge” without driving

You do not have to be caught driving to be charged. Section 68 makes it an offence to be in charge of a vehicle while over the limit or unfit through intoxication — for example, sitting in a stationary but running car with the keys in the ignition. The penalties are lower than for section 67 (a first conviction carries a fine of $500–$2,000 or up to three months’ jail), and there is a specific defence: it is a defence to prove there was no likelihood of your driving while unfit or over the limit.

Breath and blood tests — and refusing them

An officer may require a preliminary (roadside) breath test in the situations set out in section 69 and, after arrest, an evidential breath specimen on an approved device or a blood specimen taken with consent (section 70). Refusing matters: failing to provide a preliminary breath test is itself an offence (section 69(4)), and refusing to give an evidential specimen is punished as if you had committed the underlying drink-driving offence (section 70(4)). Refusing the test is generally not a way to avoid the consequences.

Defences and mitigation

Genuine defences are narrow but real. They include the statutory “no likelihood of driving” defence to a being-in-charge charge; the “hip-flask” defence, where the accused proves alcohol was consumed only after they stopped driving (section 71A); and procedural or evidential challenges, such as defects in how a specimen was required or how a certificate was served. “Special reasons” can occasionally reduce or avoid disqualification, but the threshold is high and rarely met. At sentencing, an early guilty plea, a reading close to the limit, a short distance driven, the absence of any accident, and a clean record are the factors that typically help.

How a drink-driving case usually proceeds

A typical case begins with a roadblock or an accident, a failed roadside breath test, an arrest, and an evidential breath analysis at a police station. If the reading is over the limit, a charge under section 67 usually follows. Many straightforward first offences are resolved by a guilty plea, but the decision to plead or claim trial should be made only after the evidence — the device readings, the procedure followed, and any available defence — has been reviewed.

The wider cost of a conviction

The penalties in the Act are only part of the picture. A drink-driving conviction almost always brings a mandatory disqualification, which can affect livelihoods that depend on driving, and it typically has knock-on effects on motor-insurance premiums and, in some cases, employment. The disqualification runs from conviction (or, for some offences, from release), and driving while disqualified is a separate and serious offence. Because the licence consequences are so significant — and hard to avoid once convicted — the value of early advice often lies in scrutinising the evidence and procedure before any plea, rather than in mitigation afterwards. Where the reading is marginal, or the testing procedure may have been flawed, those points are best identified early.

Frequently asked questions

What is the legal alcohol limit in Singapore? The prescribed limit is 35 microgrammes of alcohol per 100 millilitres of breath, or 80 milligrammes per 100 millilitres of blood, under section 72 of the Road Traffic Act.

Will I lose my licence for a first offence? Almost certainly — the court must disqualify a first offender under section 67 for at least two years unless there are special reasons, on top of any fine or jail term.

Can I be charged if I was only sitting in a parked car? Yes, under section 68 (being in charge), though it is a defence to prove there was no likelihood you would have driven while over the limit or unfit.

What happens if I refuse the breathalyser? Refusing a preliminary breath test is an offence, and refusing an evidential breath or blood specimen is punished as if you had committed the drink-driving offence itself.

Source note

This overview is drawn from the Road Traffic Act 1961 (sections 67–72) as published on Singapore Statutes Online. The drink-driving provisions were significantly amended in 2019 and further amended between 2023 and 2026; the figures above reflect the consolidated text at the time of writing and should be checked against the current provisions and your specific facts. General information only, not legal advice.

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