The life inside prison

The life inside prison

Sunday, January 9, 2011

Some key questions about drinking driving and sentences

After I was bailed from Ubi Traffic police, I have many questions and concern. I remember the 1st thing I did was go goggle and see any information. To my surprise, I did saw a book on Singapore drink driving and the price was not cheap. Although convincing but after what I went through myself; it was not so.. I was tempted to buy but when I think deeper I didn’t. The reason is that if someone really wanted to help, it should not be on sales. Moreover there are many words that create fear in us. Why? Sample, so the book can sell!

Here are some of the understandings about drinking driving in Singapore. But note that this is not an official statement of the final sentence you will get because it truly based on case to case basis. But generally:

1. What is the sentence for drink driving?
Drink-driving penalties
Under the Road Traffic Act, a person can be convicted of drink driving in two instances:

• The driver is found to have more than the legal limit of 35 microgrammes (ug) of alcohol per 100 millitres of breath, or more than 80 ug of alcohol per 100 millitres of blood. It doesn’t matter whether the driver has perfect control of the vehicle when caught.

• The alcohol level is under the legal limit, but the driver does not have proper control of the vehicle as a result of alcoholic intoxication.
• First conviction: Fine of between $1,000 and $5,000 or jail time of up to six months.

• Second conviction: Fine of between $3,000 and $10,000 and imprisonment for a term of up to one year.

• Repeated conviction: Drink driver faces enhanced punishment of up to three times the penalty, a maximum $30,000 fine and three years’ imprisonment.

• Offenders causing death or serious injury can also be caned up to six strokes. In addition, convicted offenders will be disqualified from driving for at least a year, even if they didn’t cause any accidents. Driving licenses suspended for more than a year will be automatically revoked.

Hence no one can predict how long your imprisonment will be until the day you face the trail. However, the sentence normally based on:

• whether your alcohol content is high
• whether you did meet an accident while you drinking and caused some one injured or die
• whether you have previous record of drunk driving and other serious traffic offence
• whether you are speeding when you get caught
• whether you are driving a car without license when get caught and at the same time drink driving
• whether you are driving a car without proper insurance or road tax when get caught
• whether you are cooperating fully with the traffic police during the road block
• whether you have behave well during the road block

There are many factors to consider for a judge to sentence an offender. For me, it’s purely one charge that is drinking driving. But for some, it might have few charges and that determines the prison, fine and disqualified license. I could say, at this point, many of us like me caught drink driving should not concern about our driving license because we know the result. However I believe many who face the same problem have a concern “how long will I be in prison?”

1st timer
Normally for 1st timer, if no accident involved and your alcohol content is not high in your breath, you should get a fine from S$3k - $5k and at least 1 year revoke license. If you can’t pay the fine, you can chose to pay through prison terms which normally 2-3 weeks.

2nd timer
Normally for 2nd timer, if no accident involved and your alcohol content is not high in your breath, you should get compulsory imprisonment for 2 weeks – 4 weeks, a fine from S$5k-S$8K and at least 3-5 year revoke license. If you can’t pay the fine, you can choose to pay through prison terms which normally 2-3 additional weeks on top of the current prison terms.

3rd timer
Normally for 3rd timer, if no accident involved and your alcohol content is not high in your breath, you should get compulsory imprisonment for 6 weeks – 10 weeks, a fine from S$8K – S$12K and no more license for you. If you can’t pay the fine, you can choose to pay through prison terms which normally 4-8 weeks additional weeks on top of the current prison terms.

However, in any case, if you involved in speeding, dangerous driving, an accident or extreme high alcohol contend or worst injured someone, you will face few extra charges and some might face compulsory longer imprisonment on top of the charges from drink driving, and even canning if caused someone to die.

In short, your sentence will base on your charges and the condition of you when you get caught on the spot.

Again, I am not the judge and assured you that you will get such sentence and in the end you get upset.

I was on court 21 and I hear similar case being charge in court and their sentences. So this is my assumption and pleased don’t take it as final. As I say, each case is unit and again NO ONE WILL KNOW what will happen in the court.

If you have a case to flight, perhaps the sentence might wave or even get lighter sentences.

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