Driver's license suspension for drunk driving owners may change? The Ministry of Transportation plans to review and amend the law based on the court's interpretation

Keywords: drunk driving, Supreme Administrative Court, Ministry of Transportation, Road Traffic Management and Penalty Regulations
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Wednesday, 06 August 2025
Current regulations stipulate that if a driver is found to have driven under the influence of alcohol and exceeds the limit, regardless of whether they are the vehicle owner, the vehicle's license plate will be suspended for 2 years. However, in February of this year, the Supreme Administrative Court ruled that this regulation only applies when the drunk driver and the vehicle owner are the same person. The Ministry of Transportation stated today that it will carefully review and amend the regulations based on the court's interpretation. The revised laws imposing stricter penalties for drunk driving took effect at the end of March 2022. After the amendment, in addition to increasing penalties for repeat drunk driving offenders, new collective penalties were also introduced for vehicle owners. According to Article 35, Paragraph 9 of the Road Traffic Management and Penalty Regulations, if a driver is found to be driving under the influence of alcohol or refuses to take a breath test, the vehicle's license plate will be suspended for 2 years. Previously, a man whose son used his car and was caught driving under the influence by the police and had his license plate suspended, the vehicle owner filed an administrative lawsuit. In February of this year, the Supreme Administrative Court ruled in favor of the vehicle owner. According to Article 35, Paragraph 7 of the Road Traffic Management and Penalty Regulations, if the owner of a motor vehicle knows that the driver is in a situation described in the first paragraph and does not prohibit the driver from driving, they will be fined based on the first paragraph's provisions and have their motor vehicle license plate suspended for 2 years. However, the Supreme Administrative Court ruled that Article 35, Paragraph 9 of the regulation does not explicitly list the "vehicle owner" as a target for punishment, as clearly stated in Paragraph 7. Therefore, when the competent authority suspends the vehicle's license plate based on the above provisions, it should only apply when the vehicle owner and the driver are the same person, to comply with the principle of legally defined penalties. Since the Supreme Administrative Court's ruling is binding on lower courts, the Ministry of Transportation received inquiries from several penalty authorities in May of this year on how to handle the situation afterward. The Ministry of Transportation stated that it respects the approach of penalty authorities not to appeal. The Ministry of Transportation stated that it respects the Supreme Administrative Court's decision not to agree with the amendment passed by the Legislative Yuan, and will carefully review and amend the regulations based on the court's interpretation. Regarding future situations where the drunk driver and the vehicle owner are different individuals, whether license plates will temporarily not be suspended, the Ministry of Transportation stated that it is not always the case, and it will depend on whether the vehicle owner meets the situation described in Article 35, Paragraph 7 of the regulation, where the owner is aware and does not prohibit the driving. Regarding how to determine whether the vehicle owner is in a situation of being "aware," the Ministry of Transportation pointed out that in practice, it is common to look at whether the owner is in the vehicle at the time.