In Hong Kong, “drink driving” is a criminal offence under the Road Traffic Ordinance (Cap. 374). A person commits an offence and is liable if he or she drives or attempts to drive or is in charge of a motor vehicle on any road while he is under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle. It is also a separate offence to, without reasonable excuse, fail or refuse to provide a specimen of breath, blood or urine when required by a police officer.
Prescribed limit
Exceeding any one of the following amounts constitutes “exceeding the prescribed limit”:
- Breath: not less than 22 micrograms of alcohol in 100 millilitres of breath (≥ 22 μg/100 mL breath);
- Blood: not less than 50 milligrams of alcohol in 100 millilitres of blood (≥ 50 mg/100 mL blood);
- Urine: not less than 67 milligrams of alcohol in 100 millilitres of urine (≥ 67 mg/100 mL urine).
When may the police require tests?
If you are involved in a traffic accident (whether you are at fault), commit a moving traffic offence, or are reasonably suspected of drink driving, a police officer may require you to undergo a roadside preliminary breath test. If the screening indicates you may be over the limit, you may be required to provide an evidential specimen of breath for analysis on an approved instrument, or a specimen of blood or urine for laboratory analysis. Failing or refusing to provide a specimen without reasonable excuse is itself a separate offence. The relevant powers and duties are set out in sections 39B and 39C of Cap. 374.
Common prosecution routes (overview)
- Driving, attempting to drive, or being in charge of a motor vehicle while exceeding the prescribed limit (sections 39 and 39A);
- Driving while under the influence of drink to such an extent as to be incapable of having proper control of the vehicle;
- Failing or refusing without reasonable excuse to provide a specimen (sections 39B and 39C).
Penalties and disqualification (three-tier system)
- Maximum penalty: a fine of up to HK$25,000 and imprisonment for 3 years. The court must also order mandatory disqualification, direct the offender to attend a Driving Improvement Course, and 10 points will be recorded under the Driving-offence Points System.
- Minimum disqualification periods are tiered by alcohol level (first offence / repeat offence):
- Tier 1: 22 to < 35 μg/100 mL breath (equivalents apply) → 6 months / 2 years;
- Tier 2: ≥ Tier 1 and < 66 μg/100 mL breath → 1 year / 3 years;
- Tier 3: ≥ 66 μg/100 mL breath → 2 years / 5 years.
Refusing to provide a specimen, or being “under the influence to such an extent as to be incapable of having proper control,” attracts a minimum disqualification period at Tier 3.
Points commonly overlooked
- “Not actually driving” still counts: even if the vehicle is not moving, a person on a road who is in charge of the vehicle and at or above the prescribed limit may be prosecuted.
- “No test, no case?”: refusing to provide a specimen without reasonable excuse is a distinct offence, and disqualification is treated as Tier 3.
Summary
In summary, while Hong Kong law prescribes clear limits, testing procedures and mandatory disqualification for drink driving, the safest and lawful course remains “don’t drink and drive,” and seek timely legal advice where needed.
