Article 185-3

A person who drives a motor vehicle in any one of the following circumstances shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than three hundred thousand New Taiwan Dollars may be imposed:

1.   the person’s exhalation contains alcohol of 0.25 milligrams per liter or more, or the person’s blood alcohol concentration is 0.05 percent or more.

2.   there are circumstances other than those stipulated in the preceding subparagraph which may prove that the person has consumed alcohol or other similar substances which prevent the person from driving safely.

3.   the person uses drugs, narcotics or other similar substances that prevent 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, and in addition thereto, a fine of not more than two million New Taiwan Dollars may be imposed; 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, and in addition thereto, a fine of not more than one million New Taiwan Dollars may be imposed.

A person who has once committed the offense set forth in this Article or in Article 54 of the Criminal Code of the Armed Forces and been finally judged guilty or subject to deferred prosecution but commits the offense set forth in paragraph 1 again within ten years that results in the death of another shall be sentenced to life imprisonment or imprisonment for not less than five years, and in addition thereto, a fine of not more than three million New Taiwan Dollars may be imposed; in case of serious physical injury, such person shall be sentenced to imprisonment for not less than three years but not more than ten years, and in addition thereto, a fine of not more than two million New Taiwan Dollars may be imposed.