Drink-driving

Drink-driving is a criminal offence in Hong Kong under the Road Traffic Ordinance.The Ordinance stated the prescribed limit of drink-driving:

• 22 micrograms of alcohol in 100 millilitres of breath, or
• 50 milligrams of alcohol in 100 millilitres of blood, or
• 67 milligrams of alcohol in 100 millilitres of urine.

Any driver found exceeding the prescribed limit may face prosecution under the law:

• Maximum fine of HK$25,000 and imprisonment for 3 years
• Disqualification from driving for not less than 2 years on first conviction and not less than 5 years on second or subsequent conviction.
• The 3-tier penalty system is summarised as follows:

Proportion of alcohol in a person’s breath, blood or urine	Minimum Driving Disqualification Period
	First Conviction	Second / Subsequent Conviction
Tier 1 If it exceeds the prescribed limit but is less than: 35 micrograms of alcohol in 100 millilitres of breath 80 milligrams of alcohol in 100 millilitres of blood 107 milligrams of alcohol in 100 millilitres of urine	Minimum 6 months	Minimum 2 years
Tier 2 If it exceeds Tier 1 but is less than: 66 micrograms of alcohol in 100 millilitres of breath 150 milligrams of alcohol in 100 millilitres of blood 201 milligrams of alcohol in 100 millilitres of urine	Minimum 1 year	Minimum 3 years
Tier 3 If it exceeds Tier 2	Minimum 2 years	Minimum 5 years

• Mandated to attend a driving improvement course
• Incur 10 driving offence points

 

Drunkenness

Except drink driving, an individual found drunk could be prosecuted in the following situations under the Summary Offences Ordinance:

• Any person who is found drunk in any public place or on any premises licensed under any Ordinance relating to liquor licences shall be liable to a fine of HK$50.
• Any person who while drunk behaves in a riotous or disorderly manner in any public place shall be liable to a fine of HK$250 or to imprisonment for 2 months.
• Any person who is found drunk while in charge of any vehicle (other than a motor vehicle) or of any horse, in any public road or street shall be liable to a fine of $250 or to imprisonment for 2 months.
• Any person who is found drunk while in possession of any loaded firearm or of any firearm and any ammunition therefor shall be liable to a fine of HK$2,000 and to imprisonment for 6 months.

For more information on the Road Traffic Ordinance (CAP 374), please click here.
For more information on Summary Offences Ordinance (CAP 228), please click here.