Singapore legislation
Clause 28
Clause 28
Being in charge of a motor vehicle when under the influence of drink or drugs
(1)
Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle, is unfit to drive in that he is under the influence of drink or of a drug to such an extent as to be incapable of having proper control of a motor vehicle, shall be liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months, and in the case of a second or subsequent conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment:Provided that a person shall be deemed for the purpose of this section not to have been in charge of a motor vehicle if he proves —
that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive; and
that between his becoming so unfit to drive and the material time he had not driven the vehicle on a road or other public place.
(2)
On a second or subsequent conviction for an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of twelve months from the date of the conviction for holding or obtaining a driving licence.
(3)
Where a person convicted of an offence under this section has been previously convicted of an offence under section 27 of this Ordinance, he shall be treated for the purpose of this section as having been previously convicted under this section.
(4)
Any police officer may arrest without warrant any person committing an offence under this section.