In today's Executive Yuan meeting, the Ministry of Justice (MOJ) proposed to amend drunk driving laws to specify a blood-alcohol content limit for drivers and toughen penalties, Premier Sean Chen said.
While the government has already increased penalties for drunk driving several times, the public still strongly believes they should be further strengthened, Chen said. The premier asked the MOJ to communicate with legislators and get support to change the law from both the governing and opposition parties. As of now, 16 different bills to amend the law await legislative approval.
Despite the strengthening of penalties in recent years, the number of fatal traffic accidents caused by drunk driving rose from 397 in 2009 to 419 and 439 in 2010 and 2011, respectively. Furthermore, the recidivism rate is as high as 30 percent. Therefore, the premier asked related agencies to research more effective ways to end drunk driving, such as introducing the breath alcohol ignition interlock device (BAIID) originated in the United States. If a car has a BAIID device, the driver must breathe into the device before he can turn the ignition; if his breath-alcohol concentration is over the programmed standard, the vehicle's motor will not start. Research shows the BAIID can greatly reduce drunk driving accidents.
The MOJ said the recent spate of drunk driving incidents sparked a public outcry for review of whether existing penalties are too light. After studying other countries' legislation and consulting with scholars, experts and representatives from government agencies, it agreed to amend the law and increase punishments.
The proposed revisions of Article 185, Provision 3 of the Criminal Code are as follows:
1. There will be separate regulations for driving under the influence of alcohol and for driving under the influence of narcotics, anesthetics, or other substances inducing similar effects. (Amended Article 185, Provision 1, Paragraph 1 to Paragraph 3)
2. Drawing reference from the standards of Germany and the U.S., a breath alcohol concentration of at least 0.55 mg per liter or a blood alcohol concentration of at least 0.11 percent will identify that one cannot drive safely. Violators of these regulations will be subject to up to two years in prison or a fine of as much as NT$200,000 (US$6,755). Detention and tickets will no longer be options. (Amended Article 185, Provision 1)
3. The minimum prison sentence for drunk driving that causes a death will be increased from one year to three, while the maximum sentence will be increased from seven years to 10. In addition, the minimum and maximum punishments for drunk driving that causes a serious injury will be augmented from six months and five years to one year and seven years, respectively. (Amended Article 185, Provision 2)