The Liabilities of D.U.I. (Driving Under the Influence of Alcohol)
1. Administrative Liabilities:
Should a test or inspection prove that any of the following offenses occurs on the driver of a car, the driver shall be fined from NT$15,000 to NT$90,000, the car shall be removed from the scene and be detained by the authorities, and the driver’s license shall be suspended for 1 year. In the same case, should any passenger with the age of 12 or younger in the car, or result in an accident with injuries, the driver’s license shall be suspended for 2 years; and should said accident result in serious injury or death, the driver’s license shall be revoked and be permanently prohibited from driving:
1. An alcohol level exceeding the maximum tolerate standard.
2. The use of drugs, hallucinogens, narcotics, and similar official controlled drugs.
Should a driver operating a large commercial passenger car be found to have one of the above conditions the driver’s license shall be revoked. If said condition causing an accident, and there are passengers with age 12 or younger, the length of license suspension shall be doubled.
Should a car driver violate Paragraph 1 more than twice within 5 years, the driver shall be fined NT$90,000, the car shall be relocated and detained by the authorities, and the driver’s license shall be revoked. Should the driver cause an accident resulting in serious injury or death, his/her driver license shall be revoked and he/she shall be permanently prohibited from applying a new driver license and taking the test.
Should a car driver pass a checkpoint set up by the police to carry the inspection as described in Paragraph 1, refuse to follow instructions to stop for inspection or refuses to take the test as described in Paragraph 1, he/she shall be fined NT$90,000, the car shall be relocated and detained by the authorities, the driver’s license shall be revoked, and the driver shall be subjected to take road traffic safety lessons. Should the driver cause an accident resulting in serious injury or death, his/her driver license shall be revoked and he/she shall be permanently prohibited from applying new driver license.
Should a driver result in an accident and refuse or incapable to take the test as described in Paragraph 1, the traffic police officers or personnel conducting traffic inspections pursuant to laws and regulations shall send the driver in a mandatory manner to a medical or inspection agency to collect a blood or other body fluid sample and conduct the test.
Should a car owner fail to prohibit a driver from operating a vehicle while knowing that the driver has one of the conditions as detailed in Paragraph 1, he/she shall be fined in accordance with the regulations set forth in Paragraph 1 and his/her vehicle license plates shall be suspended for 3 months.
Should a driver have the conditions as detailed in Paragraph 1, 3, or 4 and is subjected to the criminal charge, he/she shall pay the necessary fine and show the receipt before reclaiming a car in custody set forth in Paragraph 2 of Article 85-2.
Should the driver as detailed in the preceding paragraph receive a fine by a court, which is lower than the minimum fine as provided by Paragraph 4 of Article 92 of this Act, he/she shall still pay the difference to match the minimum fine.
2. Crime Liabilities:
A person who drives a motor vehicle in either of the following circumstances shall be sentenced to imprisonment for not more than two years, in addition thereto, a fine of not more than two hundred thousand NTD may be imposed:
1.the person’s breath alcohol content is of 0.25 milligrams per liter or more, or the person’s blood alcohol concentration is of 0.05% or more.
2. when circumstances other than those stipulated in the previous subparagraph appear to prove that the person has consumed alcohol or other similar substances that disable the person from driving safely.
3. when the person uses drugs, narcotics or other similar substances that disable the person from driving safely.
If the offense results in death, the offender shall be sentenced to imprisonment for not less than three years but less than ten years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than one year but less than seven years.