Best DUI & DWI Lawyers in Cheung Sha Wan

About DUI & DWI Law in Cheung Sha Wan, Hong Kong

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious offenses in Cheung Sha Wan, Hong Kong. These terms refer to operating a motor vehicle while impaired by alcohol or drugs, which can lead to accidents, injuries, or fatalities. Hong Kong authorities enforce strict legal limits for blood alcohol concentration (BAC) and impose severe penalties for offenders. Anyone suspected of DUI or DWI in Cheung Sha Wan faces thorough police procedures, possible arrest, and substantial legal consequences.

Why You May Need a Lawyer

Legal representation is crucial for anyone accused of DUI or DWI in Cheung Sha Wan. Common situations where legal advice is necessary include:

• Being charged after a roadside breathalyzer or blood test
• Disputing the results of alcohol or drug tests
• Facing court hearings or criminal proceedings
• Dealing with license suspension or revocation
• Concerns about employment, travel, or residency status as a result of the charge
• Uncertain about your rights during police questioning or investigation
• Wanting to appeal a conviction or sentence
• Believing your rights have been infringed during the arrest or investigation process

Local Laws Overview

In Cheung Sha Wan, which falls under the jurisdiction of Hong Kong, DUI and DWI are governed primarily by the Road Traffic Ordinance (Cap. 374). Key aspects include:

• The legal limit for BAC is 50 milligrams of alcohol per 100 milliliters of blood, or 22 micrograms per 100 milliliters of breath, or 67 milligrams per 100 milliliters of urine
• Police can conduct random breath tests without prior suspicion
• Refusal to comply with a breathalyzer, blood, or urine test is treated as equivalent to a DUI or DWI offense
• Penalties include fines, imprisonment, mandatory driving disqualification, and possible requirement to attend driving improvement courses
• Repeat offenses carry increased penalties and longer periods of license suspension
• Both alcohol and drug-induced impairment are prosecuted under similar provisions

Frequently Asked Questions

What is the legal blood alcohol limit for drivers in Hong Kong?

The legal limit is 50 milligrams of alcohol per 100 milliliters of blood. Exceeding this amount can result in a charge of DUI or DWI.

Can the police in Cheung Sha Wan stop me for a breath test without reason?

Yes, the police in Hong Kong can conduct random breath tests on drivers without needing specific suspicion.

What happens if I refuse to take a breathalyzer, blood, or urine test?

Refusing to provide a sample is treated as though you failed the test, carrying similar penalties as a DUI or DWI conviction.

What are the penalties for a first-time DUI or DWI offense?

Penalties may include a fine up to HKD 25,000, imprisonment for up to 3 years, and disqualification from driving for at least 6 months.

Do penalties increase for repeat offenders?

Yes, repeat offenders face heavier fines, longer imprisonment, and longer periods of license suspension.

Will a DUI or DWI conviction appear on my criminal record?

Yes, a conviction is generally recorded and may affect future employment or visa applications.

Are DUI or DWI charges limited to alcohol use?

No. Drugs that impair driving ability can also lead to a DWI charge under Hong Kong law.

Can I drive immediately after being charged with DUI?

Your driving license may be suspended by the court pending trial or after conviction, so you should not assume you can continue driving.

What are my options if I feel the testing was administered unfairly?

Consult a lawyer promptly. Legal counsel can help challenge the evidence or the correct procedures of your case.

Can foreigners be charged with DUI or DWI in Cheung Sha Wan?

Yes, both residents and visitors are subject to the same laws and penalties regarding DUI and DWI in Hong Kong.

Additional Resources

Individuals seeking help or more information about DUI and DWI in Cheung Sha Wan can contact the following organizations:

• Hong Kong Police Force - Traffic Division
• Hong Kong SAR Department of Justice
• Legal Aid Department
• The Law Society of Hong Kong - Find a Lawyer
• Transport Department - Information on Driver Improvement Courses
• Road Safety Council

Next Steps

If you are facing a DUI or DWI charge in Cheung Sha Wan:

• Do not discuss your case details with anyone except your lawyer
• Contact a lawyer experienced in DUI and DWI law as soon as possible
• Prepare all relevant documents, including police reports and testing records, for your legal consultation
• Follow legal advice closely and attend all required court dates or interviews
• Consider reaching out to one of the recommended resources for additional guidance or support