Taiwan's Executive Yuan Passes Bill to Toughen Penalties for Drug-Impaired Driving, Including Life Imprisonment for Repeat Offenders Causing Death

The Executive Yuan passed a draft amendment to Article 185-3 of the Criminal Code and other related laws on the 11th, comprehensively strengthening penalties for drug-impaired driving (毒駕). Under the new draft, the penalty for drug-impaired driving will be increased to up to 5 years in prison. Causing serious injury will result in 3 to 10 years, and causing death will result in 5 to 12 years. If a repeat offense within 10 years causes death, the penalty can be life imprisonment or at least 7 years.

To strengthen the prevention of drug use and drug-impaired driving, the Executive Yuan passed the draft amendments to Article 185-3 of the Criminal Code of the Republic of China and Article 54 of the Criminal Code of the Armed Forces. The amendments comprehensively increase criminal liability for drug-impaired driving. The drafts will be sent to the Legislative Yuan for review.

Under the new draft, drug-impaired driving will be punishable by up to 5 years in prison and/or a fine of up to NT$500,000. Causing serious injury will result in 3 to 10 years in prison and/or a fine of up to NT$2 million. Causing death will result in 5 to 12 years in prison and/or a fine of up to NT$3 million.

For a repeat offense within 10 years causing serious injury, the penalty is 5 to 12 years in prison and/or a fine of up to NT$3 million. For a repeat offense within 10 years causing death, the penalty is life imprisonment or at least 7 years in prison, and/or a fine of up to NT$4 million.

Additionally, the draft stipulates that vehicles used in drunk or drug-impaired driving incidents resulting in death or serious injury will be confiscated. If confiscation is not possible, the equivalent value will be recovered.

Under current law, drunk or drug-impaired driving is punishable by up to 3 years in prison and/or a fine of up to NT$300,000. For active-duty military personnel, the maximum fine is NT$400,000. Causing death by drunk or drug-impaired driving results in 3 to 10 years in prison and/or a fine of up to NT$2 million. Causing serious injury results in 1 to 7 years in prison and/or a fine of up to NT$1 million.