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Drunk Driving, also known as Driving Under the Influence (DUI), is a severe offense in Wanchai, Hong Kong. The law defines drunk driving as operating a motor vehicle with a Blood Alcohol Concentration (BAC) exceeding the legally permitted limit of 0.05%. This rule applies to private vehicles, taxis, buses, and lorries. The penalties for drunk driving offenses can range from heavy fines, imprisonment, withdrawal of driving license, and mandatory attendance in driving improvement courses.
Given the complex nature of drunk driving laws and the severe penalties associated, it is advisable to seek legal assistance if charged with a DUI offense. A lawyer can help you understand your rights, negotiate on your behalf, explore any potential defense strategies, and ensure your case is accurately represented in court. If it’s a repeat offense or if any injury or property damage resulted from the incident, legal representation becomes even more crucial.
According to Section 39 of the Hong Kong Road Traffic Ordinance, anyone driving with a BAC of more than 0.05% can be charged with drunk driving. If alcohol concentration is above 0.22%, it is considered aggravated DUI with stricter penalties. Furthermore, refusing a breathalyzer or blood test upon request by the police is also a crime. Repeat offenses within a ten-year span lead to increased sanctions. The laws also provide for compulsory breath tests in areas declared as 'designated areas' by the police during specific periods.
The first-time drunk driving offender can face fines up to HK$25,000, imprisonment of up to 3 years, and disqualification from driving for at least six months.
Refusing a breathalyzer test when requested by police is illegal and can come with severe penalties, including fines and imprisonment.
Driving with a BAC level of 0.22% or higher is considered 'aggravated' drunk driving in Hong Kong.
Repeat offenses within a ten-year period lead to increased penalties, including higher fines, extended imprisonment time, and longer disqualification periods from driving.
While it’s not compulsory to have a lawyer, due to the seriousness of DUI charges and possible penalties, having expert legal advice can be beneficial for your case.
Government bodies such as the Hong Kong Police Force and the Transport Department, as well as organizations like the Hong Kong Automobile Association, can provide additional resources, support, and advice on drunk driving laws.
If you need legal assistance in a drunk driving case, it is advised to engage a lawyer as early as possible. Prepare any required documents, provide all facts related to the case to your lawyer, and follow their instructions to help you navigate the legal proceedings effectively.
