Citizens who have been driving under the influence (DUI) with a breathalyzer reading of 0.25mg/L or above or a blood alcohol concentration of at least 0.05% will not only be charged in accordance with the law but will also be indicted according to Article 185-3 (Offenses Against Public Safety) of the Criminal Code of the Republic of China. In accordance with Article 35 of the Road Traffic Management and Penalty Act, the driver shall be subject to an administrative fine, suspension of the driver’s license, road traffic safety lessons, and a 2-year suspension of the vehicle’s number plate. If the driver has committed two or more repeat offenses of drunk driving within 10 years, the name, photo and violation committed may be published. Should the offense cause any serious injury or death, the vehicle will be confiscated.
With regards to an administrative fine, according to Article 26 of the Administrative Penalty Act, after the criminal sentencing has been finalized, an administrative fine will be carried out depending on the court verdict. If the verdict is fixed-term imprisonment, there is no need to pay the administrative fine; if the verdict is probation, deferred prosecution or non-prosecution, the administrative fine must be paid in full. However, when ordered to pay a specific sum of money or to provide labor to the treasury or specified public interest groups, the money paid or labor provided by the driver shall be deducted from the fine.
Furthermore, other types of administrative penalties including the revocation of driver license and road traffic safety lessons must be executed, the driver may wait for the court verdict before the imposition of fines. According to Article 69 of the Standard Punishment and Handling of Violations of Road Traffic Rules Regulations, those who have their driver’s license revoked should hand over their licenses to the sanctioning authority and receive an execution form. When the revocation period has expired, the sanctioning authority should retrieve the execution form when returning the driver's license to the driver. The driver's license revocation period starts on the day when the driver's license is handed to the sanctioning authority, and the driver should voluntarily hand over the driver's license upon receiving the court verdict or do so per the date stipulated on the court verdict.
After receiving the court verdict, citizens are advised to approach the sanctioning authority to stand trial whether or not the verdict is fixed-term imprisonment, probation or non-prosecution to protect their rights. If they do not stand trial, the office will issue a default decision.