Driving a motor-powered means of transportation with a breath alcohol concentration of at least 0.25 mg/L or blood alcohol concentration of at least 0.05% meets one of the objective conditions under Criminal Code Article 185-3. A lower reading does not rule out liability if other evidence shows inability to drive safely. The basic penalty is up to three years’ imprisonment, with a possible fine of up to NT$300,000. Causing death or serious injury brings higher penalties. Deferred prosecution and conversion to a fine depend on the individual case; no outcome is guaranteed.
What alcohol level triggers the offense?
When driving a motor-powered means of transportation, a breath alcohol concentration of at least 0.25 milligrams per liter or a blood alcohol concentration of at least 0.05% meets Article 185-3(1)(1).
駕駛動力交通工具而有下列情形之一者，處三年以下有期徒刑，得併科三十萬元以下罰金：一、吐氣所含酒精濃度達每公升零點二五毫克或血液中酒精濃度達百分之零點零五以上。二、有前款以外之其他情事足認服用酒類或其他相類之物，致不能安全駕駛。三、尿液或血液所含毒品、麻醉藥品或其他相類之物或其代謝物達行政院公告之品項及濃度值以上。四、有前款以外之其他情事足認施用毒品、麻醉藥品或其他相類之物，致不能安全駕駛。（刑法第185條之3第1項）
Unofficial English summary (not an official translation): Article 185-3(1) also covers other evidence that alcohol or a similar substance made safe driving impossible, a listed drug or metabolite concentration at or above the government-announced level, or other evidence that drugs or similar substances made safe driving impossible.
Can I be prosecuted below the alcohol threshold?
Yes, if other circumstances are sufficient to show that alcohol or a similar substance made you unable to drive safely (Art. 185-3(1)(2)). The threshold is one statutory route, not the only route to liability.
Does the same article apply to drug-impaired driving?
Yes. It covers listed concentrations of drugs, narcotics, similar substances, or their metabolites in urine or blood, as announced by the Executive Yuan, and other evidence that their use made safe driving impossible (Art. 185-3(1)(3)–(4)). The basic penalty is up to three years’ imprisonment and a possible fine of up to NT$300,000.
What are the penalties if someone is injured or killed?
The basic penalty is up to three years’ imprisonment and a possible fine of up to NT$300,000. If the offense causes death, the penalty is three to ten years’ imprisonment and a possible fine of up to NT$2 million. If it causes serious injury, the penalty is one to seven years’ imprisonment and a possible fine of up to NT$1 million (Art. 185-3(2)).
因而致人於死者，處三年以上十年以下有期徒刑，得併科二百萬元以下罰金；致重傷者，處一年以上七年以下有期徒刑，得併科一百萬元以下罰金。（刑法第185條之3第2項）
Unofficial English summary (not an official translation): Article 185-3(2) increases the penalty to three to ten years when death results, or one to seven years when serious injury results, with the separate fine limits stated above.
What if a repeat offense within ten years causes death or serious injury?
If a person had a final conviction or deferred-prosecution disposition for an offense under Article 185-3 or Article 54 of the Armed Forces Criminal Act and commits another Article 185-3(1) offense within ten years, causing death carries life imprisonment or at least five years’ imprisonment and a possible fine of up to NT$3 million. Causing serious injury carries three to ten years’ imprisonment and a possible fine of up to NT$2 million (Art. 185-3(3)).
曾犯本條或陸海空軍刑法第五十四條之罪，經有罪判決確定或經緩起訴處分確定，於十年內再犯第一項之罪因而致人於死者，處無期徒刑或五年以上有期徒刑，得併科三百萬元以下罰金；致重傷者，處三年以上十年以下有期徒刑，得併科二百萬元以下罰金。（刑法第185條之3第3項）
Unofficial English summary (not an official translation): A qualifying repeat offense within ten years that causes death carries life imprisonment or at least five years and a possible fine up to NT$3 million, while serious injury carries three to ten years and a possible fine up to NT$2 million.
What happens after police questioning?
After referral, a district prosecutors' office investigates the matter. See our guides if you receive a police attendance notice or a summons from prosecutors.
Is there a fixed outcome for a first offense?
No. A prosecutor may consider deferred prosecution for an eligible offense after weighing Criminal Code Article 57 factors, including conduct after the offense and the harm or danger caused, and the public interest. Deferred prosecution is unavailable for offenses punishable by death or life imprisonment or with a minimum sentence of at least three years; its period is one to three years (Code of Criminal Procedure, Art. 253-1). A sentence of no more than six months’ imprisonment or short-term detention for an offense with a maximum of no more than five years may be converted to a fine at NT$1,000, NT$2,000, or NT$3,000 per day, unless conversion would not serve correction or maintain legal order (Criminal Code, Art. 41(1)). These are legal criteria, not automatic outcomes.
When should I seek legal advice?
Consider consulting before questioning if police or prosecutors have contacted you, you question the testing procedure, or the case involves injury or death. This is general information, not advice for an individual case or a guarantee of any result.