Drowsy Driving in Singapore: Sentencing Guidelines for Sleep-Deprived Drivers

Understanding Drowsy Driving as a Serious Traffic Offence

Drowsy driving, also referred to as sleep-deprived driving, has become a rising concern in Singapore, particularly where individuals who work long hours and are driving home late after work, or operate vehicles on insufficient rest.

The effects of fatigue are involuntary and physiological; no amount of determination can override the cognitive impairment caused by sleep deprivation.

The courts have recognised the risks of driving while severely fatigued. In Public Prosecutor v Hue An Li [2014] SGHC 171, the High Court held that a driver who continued driving despite being extremely tired, resulting in serious injury or death, could be held criminally liable for negligent driving.

The driver’s fatigue was treated as an aggravating factor, demonstrating gross negligence and justifying a custodial sentence.

Current Sentencing Approach for Drowsy Driving in Singapore

There is no specific statutory provision in Singapore that creates an offence called “sleep deprived driving.” What matters is the driver’s condition and whether they knew, or should reasonably have known, that they were unfit to drive.

If a driver proceeds despite being unfit (for example, likely to fall asleep), that may meet the threshold for an offence under “Dangerous Driving” or “Careless Driving” depending on the circumstances.

The penalties for driving while sleep deprived depend on the consequences of the driving, such as whether it caused injury, grievous hurt, or death, and may include fines, imprisonment, and disqualification from driving.

Why Drowsy Driving Is Considered Grossly Negligent

Sleep deprivation significantly impairs the core abilities needed for safe driving, including :

• Slower reaction times
• Reduced coordination
• Impaired judgment
• Blurred or narrowed vision

Research shows that the effects of fatigue can be comparable to alcohol intoxication:

For example:

• 17 to 19 hours without sleep = performance equivalent to a driver with 0.05% Blood Alcohol Concentration (BAC)
• 28 hours without sleep = equivalent to 0.10% BAC

For context, Singapore’s legal limit for alcohol is 0.08% BAC.

This illustrates that a sleep deprived driver may perform worse than a driver over the legal alcohol limit, which is why courts treat driving while severely fatigued as highly negligent and a serious risk to public safety.

Case Spotlight: The Hue An Li Incident

A pivotal example is the case of Public Prosecutor v Hue An Li [2014] SGHC 171, which influenced the sentencing approach toward drowsy driving.

• The driver had been awake for over 24 consecutive hours after a 12-hour work shift and a subsequent night out.
• She fell asleep at the wheel and collided head-on with a lorry.
• The accident caused:
  • One death
  • One victim paralysed
  • Injuries to 10 others

Initial Sentence vs Appeal

Initial sentence: Fine of $10,000 + 5-year driving ban

On appeal: Increased to 4 weeks’ imprisonment for gross negligence

This case clarified the courts’ stance: The case clarified that driving while severely fatigued, particularly when it results in serious injury or death, constitutes grossly negligent driving and can warrant a custodial sentence.

What Remains Unclear Under the Current Legal Framework

• The courts have not yet established clear parameters for drowsy driving, including: Whether 24 hours without sleep is a fixed threshold for being “unfit to drive”
• How strictly this benchmark will be applied
• Whether custodial sentences will apply only to fatal or severe injury cases
• How sleep-deprivation will be proven in borderline scenarios

Determining fatigue levels remains complex, and establishing proof in court can be difficult. Nonetheless, the Courts have signalled that drivers are expected to judge their own fitness to drive, and failing to do so may attract harsher penalties.

Public Policy: A Firm Reminder to Motorists

This serves a broad purpose, ie.,to deter motorists from driving while unfit and to protect all road users from the life-threatening consequences of fatigue-related accidents.

Singapore’s courts emphasise that drowsy driving is neither excusable nor trivial, and motorists have a legal and moral obligation to avoid driving when sleep-deprived.