I just caused an accident while drink driving. Will I definitely go to jail?
- chooijy
- Jul 5
- 3 min read
Not necessarily.
Since the Road Traffic Act 1961 was amended in 2019 to introduce enhanced punishments for drink drivers (especially those who cause an accident), many first-time offenders have been sent to jail even though nobody was injured. However, two judgments of the High Court in quick succession in October and November 2024 suggest that this need not necessarily always be the case.
Drink driving is prosecuted under Section 67 of the Road Traffic Act 1967. If you have caused an accident, you will face a second charge under Section 64 (if you had caused the accident while driving recklessly or dangerously) or Section 65 (if you had caused the accident while driving carelessly or negligently). Under either scenario, you will be treated as a serious offender and be subjected to enhanced punishments including the possibility of a jail sentence. You will also receive a fine and be disqualified from driving for a minimum of two years.
A common fact pattern is where your car has collided into another vehicle (whether stationary or moving) or property (such as the curb or a lamppost) because you had momentarily lost concentration or fell asleep at the wheel. However, no personal injury was suffered by anyone. In this scenario, you will receive one charge under Section 67(1) and one charge under Section 65(5)(c) of the Road Traffic Act 1961.
In Fan Lei v Public Prosecutor [2024] SGHC 278, the driver's blood alcohol concentration was slightly over the limit. He had hit another car, causing scratches and ripping off the cover of its side mirror. He made restitution of $800 for the repairs. He had previously paid composition fines for speeding and twice failing to conform to the red light. Despite the fact that he had travelled the relatively long distance of about 17km whilst drunk, the Honourable Justice Aedit Abdullah imposed a global fine of $11,000 and disqualified him from driving for 2 years. He was not sent to jail.
In Chan Chow Chuen v Public Prosecutor [2024] SGHC 294, the driver's blood alcohol concentration was moderately over the limit. He hit a parked car while trying to manoeuvre out of the parking lot. He made full restitution for repairs and rental. He had previously paid composition fines for speeding, corssing double white lines and 6 parking offences. The Honourable Justice See Kee Oon imposed a global fine of $16,000 and disqualified him from driving for 3 years. He was not sent to jail.
Both the aforesaid drivers had been given a jail sentence by the District Court before this was overturned on appeal in the High Court. What made the difference? Generally, the Court considers factors such as:-
How far above the legal limit your blood alcohol concentration is
How serious is the property damage that is caused
Whether you have made restitution to the victim
How far you had driven before the accident
How far you had intended to drive if not for the accident
How you had been driving in order to cause the accident
Your cooperation with the traffic police after the accident
The time of day and traffic conditions
Weather
How clean your driving record is (including compounded offences)
No court result is guaranteed. Contact us for advice tailored to your unique circumstances. For more resources and information, visit our sub-page on Road Traffic Offences.