Disclosed is a mobile station for determining a data rate for a packet data service in a mobile communication system including a base station, and the mobile station being provided with a voice service and a packet data service from the base station. In the mobile station, a receiver receives orthogonal code allocation information indicating the number of orthogonal codes allocated for the packet data service, a measurer measures a CIR using a received pilot channel, and a controller determines a data rate corresponding to the measured CIR, controls the determined data rate based on the number of the allocated orthogonal codes, and determines a controlled data rate.